The Rise of Pre-Packs as a Restructuring Tool: Theory, Evidence and Policy

Gurrea‐Martínez, Aurelio

doi:10.1007/s40804-022-00261-3

Cited by 5 publications

(1 citation statement)

References 20 publications

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“…Though prepacks are susceptible to some inherent challenges in implementation in India. The possibility of extending prepack to large companies also gets well substantiated by the success rate of prepack for developed jurisdictions 60 from where the concept has been transplanted in the Indian insolvency regime.…”

Section: Advent Of Prepacks: Hybridization Of Insolvency Lawmentioning

confidence: 99%

Corporate ownership and insolvency law: An evidence from India

Deb,

Dube

2023

Common Law World Review

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Reorganization or revival of the financially distressed corporate person is the prime objective of insolvency law. To rationalize the said objective, the insolvency law in India— Insolvency and Bankruptcy Code 2016 has adopted the manager-displacement model of the insolvency regime. It has become progressively evident from existing literature that the development of corporate governance mechanisms may have imperative implications on the aptness of a nation's legal system and its accomplishments. The existing evolutionary theory asserts that corporate bankruptcy and corporate governance structure complement each other. The historical account of corporate ownership structure in India represents a predominance of concentrated ownership patterns. Through the perspective of the existing evolutionary theory of corporate insolvency, the paper analyzes the corporate ownership structure and development of corporate insolvency law in India. The article also explores whether corporate ownership structure as a corporate governance mechanism can explain the progression of the insolvency regime in India. The findings of this paper would be of significance for jurisdictions that are considering reforms within their existing corporate insolvency law.

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Section: Advent Of Prepacks: Hybridization Of Insolvency Lawmentioning

confidence: 99%