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Going for Broke Insolvency Tools to Support Cross-Border Asset Recovery in Corruption.
| Clasificación: | Libro Electrónico |
|---|---|
| Autor principal: | |
| Otros Autores: | |
| Formato: | Electrónico eBook |
| Idioma: | Inglés |
| Publicado: |
Washington, D. C. :
World Bank Publications,
2019.
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| Colección: | StAR Initiative Ser.
|
| Temas: | |
| Acceso en línea: | Texto completo |
Tabla de Contenidos:
- Front Cover
- Contents
- Acknowledgments
- About the Authors
- Abbreviations
- Glossary
- Introduction
- Objective
- Scope
- Methodology
- Overview of Chapters
- Notes
- References
- 1. Insolvency Proceedings and Representatives
- Moratorium
- Appointment of an Insolvency Representative
- The Different Authorities that May Appoint Insolvency Representatives
- Specific Rules and Practices for an Insolvent Bank
- Effects of the Appointment of an Insolvency Representative
- Cross-Border Recognition and Conducting Insolvency Actions Abroad
- Powers of Insolvency Representatives in Asset Recovery
- Tools Available to Collect Information and Evidence
- Legal Actions that Authorize Insolvency Representatives to Claim Assets
- Notes
- References
- 2. Investigative Measures Potentially Available in Insolvency and Civil Cases
- Extrajudicial Investigative Tools
- Discovery Databases as a Source of Information
- Examination of Witnesses under Standard Insolvency Practices
- Targets of Examination
- Range of Examination
- Use of Information
- Costs of Examination
- Discovery
- Nonstatutory Tools
- Anton Piller (Search and Seizure) Orders
- Norwich Pharmacal (Disclosure) Orders in Common Law Jurisdictions
- Ancillary Sealing and Gagging Orders
- Other Investigative Tools
- Mareva Injunctions and Mareva by Letter in Common Law Jurisdictions
- Freezing Orders in Civil Law Jurisdictions
- Discovery in Aid of Foreign Proceedings
- Notes
- Reference
- 3. Identifying Insolvency and Receivership Targets and Other Liable Persons in Corruption Cases
- Bribe Takers and Related Entities
- Bribe Payers and Related Entities
- Agents and Other Facilitators
- Strategic and Tactical Considerations
- Claims against Corporate Officers, Agents, and Third-Party Facilitators
- The Duties of Directors and Managers of Companies
- Personal Liability Actions against Directors
- Proceedings for Fraudulent or Wrongful Trading
- Preferences and Transactions at Undervalue
- Other Breaches of Duty
- Derivative Actions
- Piercing the Corporate Veil
- Notes
- References
- 4. Privilege
- Privilege in England
- Forms of Privilege at Common Law
- Common Interest Privilege
- Which Law Applies?
- Waiver
- Insolvency
- Privilege in the United States
- Corporate Insolvency
- Personal Insolvency
- Professional Secrecy in France
- Scope and Application of the Professional Secret
- Sanctions for Violation of Professional Secrecy by an Attorney
- Issues Relating to Corporate Insolvency and Bankruptcy Proceedings
- Issues Relating to Individual Insolvency
- Conclusion
- Notes
- 5. Further Issues on the Use of Insolvency for Asset Recovery
- Major Challenges for Asset Recovery in Developing Jurisdictions
- Commencement Obstacles
- Unregulated or Insufficiently Regulated Insolvency Representatives