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Creditor protection in cross-border conversions, mergers and divisions

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2022
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Authors
Lepetić, Jelena
Article (Published version)
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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.
Keywords:
Protection of creditors / Cross-border merger / Cross-border division / Cross-border conversion / Creditors
Source:
Anali Pravnog fakulteta u Beogradu, 2022, 70, 3, 713-742
Publisher:
  • Univerzitet u Beogradu - Pravni fakultet, Beograd
Funding / projects:
  • 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).

DOI: 10.51204/Anali_PFBU_22303A

ISSN: 0003-2565

[ Google Scholar ]
URI
https://ralf.ius.bg.ac.rs/handle/123456789/1326
Collections
  • Radovi istraživača / Researchers’ publications
Institution/Community
Pravni fakultet / Faculty of Law University of Belgrade
TY  - 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 .

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