Creditor protection in cross-border conversions, mergers and divisions
Апстракт
This paper elaborates on the protection of creditors in cross-border conversions, mergers and divisions, according to Directive 2019/2121/EU as regards these cross-border operations. After presenting the protection mechanisms available to creditors in cross-border operations prior to the adoption of the 2019 Directive, as well as the risks faced by creditors in such events, the author presents the system of creditor protection introduced by the Directive. Both creditor protection mechanisms in the broader sense (which are not designed exclusively for creditors) a nd the ones in the narrower sense (which are created only for their protection) are presented in the central portion of the paper. Among the latter group, the general protection mechanisms available for each cross-border operation are analysed, followed by the mechanisms that are specific to individual operations.
Кључне речи:
Protection of creditors / Cross-border merger / Cross-border division / Cross-border conversion / CreditorsИзвор:
Anali Pravnog fakulteta u Beogradu, 2022, 70, 3, 713-742Издавач:
- Univerzitet u Beogradu - Pravni fakultet, Beograd
Финансирање / пројекти:
- This paper is a result of the international research project GV/2020/047 "Crossborder corporate restructuring in the internal market" (Research Centre: University of Valencia - Faculty of Law; head of the project: Paula del Val Talens).
Институција/група
Pravni fakultet / Faculty of Law University of BelgradeTY - JOUR AU - Lepetić, Jelena PY - 2022 UR - https://ralf.ius.bg.ac.rs/handle/123456789/1326 AB - This paper elaborates on the protection of creditors in cross-border conversions, mergers and divisions, according to Directive 2019/2121/EU as regards these cross-border operations. After presenting the protection mechanisms available to creditors in cross-border operations prior to the adoption of the 2019 Directive, as well as the risks faced by creditors in such events, the author presents the system of creditor protection introduced by the Directive. Both creditor protection mechanisms in the broader sense (which are not designed exclusively for creditors) a nd the ones in the narrower sense (which are created only for their protection) are presented in the central portion of the paper. Among the latter group, the general protection mechanisms available for each cross-border operation are analysed, followed by the mechanisms that are specific to individual operations. PB - Univerzitet u Beogradu - Pravni fakultet, Beograd T2 - Anali Pravnog fakulteta u Beogradu T1 - Creditor protection in cross-border conversions, mergers and divisions EP - 742 IS - 3 SP - 713 VL - 70 DO - 10.51204/Anali_PFBU_22303A UR - conv_583 ER -
@article{ author = "Lepetić, Jelena", year = "2022", abstract = "This paper elaborates on the protection of creditors in cross-border conversions, mergers and divisions, according to Directive 2019/2121/EU as regards these cross-border operations. After presenting the protection mechanisms available to creditors in cross-border operations prior to the adoption of the 2019 Directive, as well as the risks faced by creditors in such events, the author presents the system of creditor protection introduced by the Directive. Both creditor protection mechanisms in the broader sense (which are not designed exclusively for creditors) a nd the ones in the narrower sense (which are created only for their protection) are presented in the central portion of the paper. Among the latter group, the general protection mechanisms available for each cross-border operation are analysed, followed by the mechanisms that are specific to individual operations.", publisher = "Univerzitet u Beogradu - Pravni fakultet, Beograd", journal = "Anali Pravnog fakulteta u Beogradu", title = "Creditor protection in cross-border conversions, mergers and divisions", pages = "742-713", number = "3", volume = "70", doi = "10.51204/Anali_PFBU_22303A", url = "conv_583" }
Lepetić, J.. (2022). Creditor protection in cross-border conversions, mergers and divisions. in Anali Pravnog fakulteta u Beogradu Univerzitet u Beogradu - Pravni fakultet, Beograd., 70(3), 713-742. https://doi.org/10.51204/Anali_PFBU_22303A conv_583
Lepetić J. Creditor protection in cross-border conversions, mergers and divisions. in Anali Pravnog fakulteta u Beogradu. 2022;70(3):713-742. doi:10.51204/Anali_PFBU_22303A conv_583 .
Lepetić, Jelena, "Creditor protection in cross-border conversions, mergers and divisions" in Anali Pravnog fakulteta u Beogradu, 70, no. 3 (2022):713-742, https://doi.org/10.51204/Anali_PFBU_22303A ., conv_583 .