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Blog 2007

2007-10-doc3 Appointment as Chair Academic Forum INSOL Europe

It is my pleasure to announce that I have been elected Chairman of the Academic Forum of Insol Europe. The decision was made by INSOL Europe during its Annual meeting 12-14 October 2008, in Monaco. Insol Europe is the largest organisation of specialists in reorganisation law and insolvency law with over 900 members. The Academic Forum, established three years ago, contains around 30 academics from 12 jurisdictions. The board of the Academic Forumpresently further consists of Paul Omar, University of Sussex (UK) and Florian Bruder, Max Planck Institute for Private Law, Hamburg (Germany). The board is preparing a plan which will cover its academic programme for the following years, with a meeting, to be held over two days (dates to be confirmed: 1-2 October), which will feature research papers and presentations given by members of the academic community in Europe and elsewhere. We are hoping to issue a Call for Papers soon and to advertise the conference schedule before long. With the generous sponsorship of Edwin Coe LLP, a law firm in London ( a number of travel grants will be available for junior colleagues to attend and present papers. Similarly, research grants are also to be made available to encourage work that could be usefully carried out in 2008 and which could be presented in Barcelona for feedback or views from the audience. Access www.insol- of my personal weblog after Christmas 2007, as I expect that we will launch our plans beginning of 2008.chair-ac-forum -press.pdf

2007-10-doc4 Research opportunities and Co Co Guidelines

During the meeting of the Academic Forum of INSOL Europe, Monaco 13 October 2007, I presented a paper related to possible research opportunities following the adoption of the Co Co guidelines (see 2007-10-doc2). Here are the slides. monaco_slide_ masteraw-v1.ppt

2007-10-doc1 III Prize 2008 in International Insolvency Studies

Like last year, also for 2008 the International Insolvency Institute (III) will award its Prize in International Insolvency Studies 2008. The 2008 III Prize is awarded for original research, commentary or analysis on topics of international insolvency and restructuring significance or international comparative analysis of domestic insolvency and restructuring topics. The competition for the award is open to full and part-time undergraduate and graduate students, academics and practitioners, in practice for less than five years. With this Prize the Board of the Institute wishes to articulate its aim to stimulate academic or practical research in the aforementioned fields. Submission date is 15 March 2008. For the composition of the Jury and the terms and conditions for submission, please see the attachment prize-iii- leaflet-2008.pdf

2007-09-doc7 Directeur grootaandeelhouder en zijn pensioen

[Director sole shareholder and his pension rights] Aan de hand van HR 9 februari 2007, LJN: AZ2658, en HR 27 april 2007 (Belastingkamer), LJN: AV0432 komen in deze bijdrage enkele vermogensrechtelijke thema’s aan de orde: de rechtsverhouding tussen een pensioen-BV en de vereveningsgerechtigde echtgenote, die gescheiden is van de directeur-grootaandeelhouder, de plicht van die BV tot afstorting, in het bijzonder indien deze de continuïteit van de onderneming in gevaar brengt, en het beroep op dwaling bij een met de fiscus gesloten vaststellingsovereenkomst.dga.pdf

2007-09-doc8 INSOL International: Global Insolvency Practice Course

In October INSOL International will launch its new Global Insolvency Practice Course. The qualification received will bestow a Fellowship from INSOL International. With the fast growing number of cross-border insolvency cases and the adoption in many jurisdictions of international insolvency rules and provisions, the turnaround and insolvency profession faces new challenges. Recent examples include the judgement of 30 August 2007 of the US Bankruptcy Court (Southern District of New York) declining to recognise the Cayman Islands proceedings of two Bear Stearns’ Hedge Funds as foreign main proceedings. Although registered in the Cayman Islands, neither company had an establishment in Cayman, so neither could be recognised as foreign non-main proceedings. The decision uses as interpretative tools the UNCITRAL Model Law, its Guide to Enactment, the European Insolvency Regulation and the European Court of Justice’s Eurofood decision of 2 May 2006 (see thisweblog under 2007-09-doc3). In October 2007, the Guidelines for European Communication and Cooperation Guidelines For Cross-border Insolvency was published. The text has been inspired by the American Law Institute’s Transnational Insolvency Project regarding Cooperation Among NAFTA Countries (USA; Canada, Mexico) and similar initiatives (this weblog under 2007-09-doc1). These examples demonstrate that the practitioners of tomorrow need to have extensive knowledge of the transitional and international aspects of legal and financial problems of businesses in distress. See the press release for further -october.pdf