INSOL Publications

The Technical Research Committee of INSOL International, along with volunteer project leaders work to produce 1-2 major new publications a year. The most recent addition is the book entitled Claim Priorities in Rescue Proceedings – A Global Compendium

If you have any suggestions for technical issues that INSOL should consider, please e-mail the Technical Director, Sonali Abeyratne at sonali@insol.ision.co.uk.

INSOL Members are able to download a selection of our publications, free of charge, by clicking here,
 
If you are not an INSOL Member and would like to purchase any of the below publications you can now visit our new Online Bookstore. If you wish to enquire about any of our other publications, please contact Heather Callow on heather@insol.ision.co.uk

If you wish to enquire about membership please contact Jelena Wenlock, Membership Manager, at jelena@insol.ision.co.uk


 
*NEW* Claim Priorities in Rescue Proceedings – A Global Compendium


(December 2016)

INSOL International is very pleased to publish an electronic book titled “Claim Priorities in Rescue Proceedings – A Global Compendium”. 

This compendium consists of priority and special issues relating to various classes of claims across 23 jurisdictions and is presented in a user friendly-chart format that shows the (i) types of claims (ii) description about these claims and (iii) comments from the contributors relating to these claims. The claim types would include secured; administrative; priority; unsecured; equity interests, etc. In addition, certain claim types with special rights or issues such as inter company claims, labour/employee claims; pension claims; governmental claims; etc. are also covered.

We envision the compendium as a basic reference and valuable tool for any practitioner involved in cross-border insolvency matters who wants an overview of how particular types of claims will be treated in foreign jurisdictions.  With time, this publication will be expanded to include more countries and the country chapters will be updated as and when necessary.

INSOL International sincerely thanks David Eaton of Kirkland & Ellis LLP for leading this project and bringing it to a conclusion, and we greatly value his guidance and assistance throughout.  We would also like to thank Richard Mizak, Fellow, INSOL International,  of Patriarch Partners LLC and Alexandra Schwarzman of Kirkland & E'lis LLP for their assistance.



Pensions and Insolvency – An International Survey



(October 2015)

This latest publication from INSOL International gives a detailed overview of the restructuring and insolvency law governing pensions in twenty one key jurisdictions around the world. Thanks to the contributions of more than twenty leading restructuring and insolvency professionals, this guide offers a detailed and thorough overview of many aspects of pensions and insolvency.

The book has 21 country chapters and each chapter is based on a standard template of questions.

Some of the key areas explored are:

• the legal framework for private pension plans

• regulating authorities

• governance of pension plans

• compensation funds for pension benefits

• enforcement of pension rights in an insolvency

• priority of pension deficits in an insolvency

• cross-border features of pension regimes

• defined benefit pension plans


Price: £100.00 (ex. P&P)


Guide to Islamic Finance
(2014)

This book is the latest addition to our list of publications and it provides basic information on Islamic finance.  It is meant to be a useful reference tool to the majority of insolvency practitioners who do not work in this field. The chapters in this book were selected on the basis that it is expected that most INSOL members currently have very limited understanding of Islamic finance.

The book has 10 chapters, a country study, and an annexure with a glossary of Islamic finance terms.  Following the introductory chapter there are chapters on:

  • Murabaha
  • Istisna’a and ijara Financing : Background and Practical Implementation
  • Mudaraba and Musharaka Financing: Background and Practical Implementation
  • Islamic Financing in the Bank Market
  • Islamic Capital Markets
  •  Restructuring Islamic Facilities
  • Restructuring Sukuk Transactions
  • Islamic Funds
  • Islamic Derivatives

Price: £100.00 (ex. P&P)



The Avoidance of Antecedent Transactions and Cross-border Insolvency
(2014)

INSOL international has published a book on antecedent transactions and its applicability in cross-border insolvency situations.

Since most insolvencies span many jurisdictions there are specific issues that IPs are faced with when applying to court to avoid antecedent transactions. The book explores some of these specific issues – particularly from a practical point.  Some of the key areas covered are:

The book has 20 country chapters and each chapter is based on a standard template of questions. 

Price: £100 (ex. P&P)
 



Claims Presentation and Resolution in Insolvency Proceedings

A Guidance Booklet
(September 2008)

This book covers fifteen jurisdictions: Australia, Brazil, Canada, China, France, Germany, India, Italy, Japan, Mexico, New Zealand, Singapore, The Netherlands, the United Kingdom and the USA. 

The book explores methods by which claims are presented, defended against and resolved in different systems around the world. This publication is a comprehensive guide to the formalities of claims presentation, the types of claims that can be presented and the remedies available to creditors.

Price: £100 (ex. P&P)
 



Consumer Debt Report II

Report of Findings and Recommendations
(2011)

The first edition of this report was published in 2001 - the second edition in November 2011. It is further expansion and clarification of the 2001 report and also includes 17 country chapters, which are all written based on a standard template of questions. The report also includes information that we gathered from a survey that was carried out from our contacts in 39 countries. The survey relates to whether a respective country has personal bankruptcy laws, if they don't how individual debtors cope or don't cope in such circumstances, and whether personal bankruptcy is a criminal offence.

Price: £100 (Ex. P&P)
 



Credit Derivatives in Restructuring

(September 2006)

The INSOL Lenders Group initiated a project to produce a guidance booklet for insolvency practitioners and others on matters relating to the impact of credit derivatives in restructurings. The working group of this project worked on the draft for over 18 months and in October 2006 INSOL launched a booklet entitled Credit Derivatives in Restructuring. The objective of the publication is to raise awareness and promote understanding of relevant issues, and to provide a point of reference for those involved in restructurings. The book covers an overview of the credit derivatives market, basic elements of credit default swaps, settlement following a credit event, and a comparison with other types of credit products and techniques. 

The book also includes several practice points.

Price: £50 (Ex. P&P)
 



Creditors Rights in Insolvency Proceedings: A Practical Guide for Smaller Practices

(July 2011)

The idea that led to this publication was first discussed by the "Smaller Practice Issues Committee" of INSOL International in order to provide its members with a practical guide illustrating the rights (and obligations!) of creditors within the most important insolvency systems around the globe. This publication, while focusing on the position of creditors, also offers a short introduction into the structure of the insolvency proceedings in respect of the 
countries that are covered in this publication.

Each article is structured based on a template of questions as far as this is actually possible in consideration of the great differences that mark the various proceedings around the world. This allows an easier and more immediate comparison between the position of creditors in the different countries. 

Countries included in this publication are as follows:

Australia, Brazil, British Virgin Islands, Canada, China, France, Germany, Ghana, Hong Kong, PRC, India, Indonesia, Italy, Japan, Mexico, New Zealand, Poland, Russia, South Africa, Spain, UAE, United Kingdom, USA

Price: £100 (Ex. P&P)
 



Cross-border Insolvency I

A Guide to Recognition and Enforcement
(2003)

This publication has been produced by INSOL International as part of the continuing search for collaboration between nations and their courts in the assistance that they give foreign representatives who are endeavouring to deal with insolvency proceeding that span national borders. 

Price: £75 (Ex. P&P)
 



Cross-border Insolvency II

A Guide to Recognition and Enforcement
(2012)

This publication, the expanded third edition of this study, has been produced by INSOL International to help members seeking guidance as to the assistance they can expect when dealing with insolvency proceedings that span national borders. It is also hoped that it will provide a helpful stimulus to those responsible for the reform of insolvency laws and systems especially when considering the adequacy of the assistance that their courts are able to give foreign representatives.

Price: £100 (Ex. P&P)
 



Deposit Insurance Systems


This publication covers six country studies of their respective Deposit Insurance Systems. The countries that are included
are: USA, Canada, UK, Hong Kong, The Netherlands, and Japan.

The foreword is by Jean Pierre Sabourin, President of IADI.

Price: £50 (Ex. P&P)
 



Directors in the Twilight Zone IV

(2013)

This is the fourth edition of Directors in the Twilight Zone, a comparative study of the liabilities and duties of directors, officers and others and the risks they may be exposed to, during the "twilight zone". 

The first edition was published in 2001 and the second in 2005 and the third in 2009. The topic continues to be of critical importance to those who manage and advise corporations as well as to the policy makers. 

New developments have taken place in many countries covered in earlier editions.There was a demand to cover more countries.This edition was therefore very much needed. 

This edition covers 21 countries, including a new country chapter for Vietnam.

Price: £150 (Ex. P&P) 
 

Previous Editions
Directors in the Twilight Zone III (2009)
Directors in the Twilight Zone II (2005)
Directors in the Twilight Zone I (2001)

 


Employee Entitlements
(2005)

The book is arranged as country chapters and there are 25 countries that are covered. Each chapter has important issues that affect employees in circumstances their employer faces financial difficulty or becomes insolvent.

The areas covered include, how an employee is defined for the purpose of formal insolvency, their entitlements in insolvency, priority of treatment, personal liability of directors in respect of unpaid wages, statutory safety nets in place, and in the event an insolvent company is sold the acquirers responsibilities in respect of employee claims.

This INSOL publication was launched at the 7th INSOL Quadrennial congress held in March 2005.

Price: £50 (Ex. P&P) 
 


Financing in Insolvency Proceedings

(2006)

This publication covers a wide range of issues faced by debtors as well as lenders when financing companies, that are either insolvent or in financial difficulties.

Each chapter covers available procedures, security, priority and extent of court involvement and personal liability in relation to such financing.

12 countries are covered in this book, namely, Australia, Brazil, Canada, Germany, Hong Kong, India, Japan, Netherlands, Poland, South Africa, UK and USA.

The book was launched in INSOL 2006, Scottsdale.
 



Financial and Tax Considerations for Distressed Companies and their Creditors

(2010)

We are pleased to introduce this important publication titled Financial and Tax Considerations for Distressed Companies and their Creditors.

This is the first book that INSOL International has published that covers tax issues. We have accepted that in most countries tax issues and tax treatments change constantly and that tax laws are changing sooner than some of the other laws. We decided however not to be deterred by these constant changes and move on to produce this book as INSOL’s objective was wider. The book aims to provide practical guidance to insolvency practitioners who are dealing with restructuring financially distressed companies, about the tax position of a country before they consult the tax experts in those countries. 

The first part of the book deals with the general insolvency considerations of a country and the latter part deals with the more specific tax issues. Each country chapter therefore has an interesting collection of information that cover the insolvency laws and guidelines that will be applicable in a restructuring, and also tax issues such as debt forgiveness, debt-for equity swap or debt for debt swaps in restructuring plans. It then covers the various tax considerations that affect plans and discusses the practical difficulties that may be encountered and how they may be dealt with or avoided.

Price: £100 (Ex. P&P)
 



2005 Global Marketplace Survey

(2005)

In the current global insolvency market it is critical that key market players in the profession are kept informed of what is happening in their respective regions and beyond.

In 2000, a survey was carried out on our members’ marketplace around the world which provided an insight into the differing insolvency landscapes across the world. Five years on, it was felt that it was important once again to see if new evaluations of the marketplace could be made.

INSOL's 2005 Global Marketplace Survey shows that our membership, from a wide variety of backgrounds, cultures and jurisdictions have a remarkably similar view on a number of key issues facing the market and profession. Several hundred members responded to the survey giving a sample, which, principally due to the consistency of response, probably reflects the views of INSOL members quite accurately.
 



Statement of Principles - INSOL Global Principles for Multi-Creditor Workouts (First Edition)


The Principles represent the culmination of almost 5 years work on the part of the INSOL Lenders Group and they are to be congratulated on producing what will be a major contribution to the reorganisation of financially troubled companies.

Price: £50 (Ex. P&P)
 



Treatment of Secured Claims in Insolvency and Pre-Insolvency Proceedings

(2007)

The book is divided into 12 country chapters and is presented in a question and answer format that makes it a very user friendly. 

Each chapter covers a wide range of key issues that are important to insolvency practitioners including the type of security rights available in each jurisdiction, how security rights are enforced, grounds upon which security rights can be challenged or avoided if they are deemed to have given preferential treatment prejudicing the rights of the debtor or third parties. The chapters also deal with priorities and how creditors can protect their rights against a debtor interests. Issues that are particularly relevant to secured creditors in the event of corporate reorganisations are also covered. 

Price: £100 (Ex. P&P) 
 






 


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