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Business & Law Research Network

BLRN Book Series

Recent publications in the BLRN book series can be found below.

Cover of the book 'Implementation of the EU Preventive Restructuring Directive Part I
Implementation of the EU Preventive Restructuring Directive Part I

Implementation of the EU Preventive Restructuring Directive Part I (BLRN-series part 1)

Coordinating editors: Gert-Jan Boon, Harold Koster & Reinout Vriesendorp (also authors)

The first part in the BLRN book series looks at the implementation of the EU Preventive Restructuring Directive.

In 2019, the European Parliament and the Council adopted the Preventive Restructuring Directive (2019/1023), providing for minimum harmonisation of, among others, preventive restructuring frameworks (PRF). This book provides in-depth analyses of its implementation in seven European countries: Austria, Denmark, France, Germany, Greece, The Netherlands, and the United Kingdom. Whereas Member States of the European Union were under a duty to complete implementation by July 2022, the United Kingdom took inspiration from it when voluntarily introducing reforms to its restructuring regime.

This book covers detailed analyses of the new or reformed PRFs across Europe, including the objective and scope of a PRF, the criteria/test to enter a PRF, the involved actors, the possibilities for a stay, the plan, the possibilities for a debt-for-equity swap, the effects of a PRF on executory contracts and jurisdiction and recognition of court decisions taken during a PRF. Drawing on the domestic implementations, the book also presents a comparative study evaluating the different policy options implemented by domestic legislators. This book functions as an insightful source for practitioners, academics and policy makers.

 

Cover of the book 'Versterking verantwoordingsketen'
Versterking verantwoordingsketen

Versterking verantwoordingsketen (BLRN-series part 2)

Authors: Harold Koster, Cees de Groot, Tim Verdoes, Maaike Lycklama à Nijeholt, Jelle Nijland, Alette Jansen, Niek Strohmaier & Antoinette Rijsenbilt

The second part in the BLRN book series contains the elaboration of a study prepared for the Ministry of Finance by the Business Law Department of Leiden University. It includes proposals for interventions to improve chain responsibility regarding the processes of governance, risk management and control in the context of annual reporting and auditing and external communication about them. A key proposed intervention is the Risk Management Statement. Well-functioning internal risk management and control systems are crucial for good corporate governance. A number of interventions are also proposed in the areas of governance and conduct and culture that can contribute to strengthening the accountability chain. Furthermore, in the area of communication between the audited entity and its stakeholders regarding the way in which the engagement and oversight of the functioning of the external auditor takes place, some interventions are proposed that could improve this communication.

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