Intra-Group Financing and Enterprise Group Insolvency

This book examines common intra-group financial transactions, such as intra-group loans and cross-guarantees, highlighting their impact and treatment in the insolvency and restructuring of multinational enterprise groups. It identifies the unique challenges posed by the complex corporate and financial structures of multinational firms when one or more group entities face insolvency. It provides a comparative analysis of statutes and recent case law from three leading restructuring forums: the UK, the USA and the Netherlands. Key Features: Assesses how insolvency law can better respond to the economic realities of corporate groups and their financial arrangements. Identifies post-global financial crisis regulations for banking groups and how they can inform solutions for corporate group insolvencies. Investigates modern commercial practices and legal tools for group restructurings, including third-party releases, extended enforcement stays, rescue financing and safe harbours against transaction avoidance. Analyses common intra-group financial arrangements, such as intra-group loans, centralised cash management, cross-guarantees and other forms of shared liability, exploring the major problems they create in insolvency. Clear, comparative and comprehensive in scope, this book offers valuable insights for judges and lawyers specialising in company, financial and insolvency law, as well as for insolvency practitioners and policymakers. It also serves as an essential resource for students and scholars in the fields of corporate law and governance, insolvency law, finance and banking law.