Book Review

Digital financial assets, more particularly cryptocurrency, may serve fast, cheap, easy to use and global payments. They also represent regulatory concerns and financial stability implications. A robust (but costly) supervisory system needs to be put in place. Such a system may however play a defensive game. A segment in this area is depositing cryptocurrency with cryptocustodians, such as crypto-exchanges. From… Read More »2020-05-doc5 Private law issues re cryptocurrency and custodians

Brexit has been overshadowed by the COVID-19 monster, but it is still a reality. In the book ‘Brexit and financial regulation’ a practical guidance is provided on the complexities of Brexit as it applies to financial institutions. It presents a detailed account of the myriad of laws, regulations and institutional opinions, such as those from the European Banking Authority and… Read More »2020-05-doc3 Brexit and the financial industry

For the 11th time Schultze & Braun (GmbH Rechtsanwaltgesellschaft) published its Yearbook Insolvency and Restructuring in Germany, now edition 2020. The Yearbook does not cover a general theme, rather contains a potpourri of substantial and statistic subject, legislative texts (the German Insolvency Act and the Regulation recast) and a glossary of legal terms with translations in various languages. Also matters… Read More »2020-04-doc8 2020 Yearbook Insolvency and Restructuring in Germany

For over three decades individual EU Member States have adopted specific insolvency regimes regarding natural persons, sometimes also termed ‘consumers’, ‘non-merchants’, ‘non-traders’ or ‘natural persons who are not entrepreneurs’, see Article 2(h) Restructuring Directive 2019/1023. In 1998, the Netherlands adopted as one of the last in the European Community (at that time) their debt rescheduling regime. In the second decade… Read More »2020-01-doc3 Consumer insolvency in Europe

In less than a decade, the topic of restructuring and workout has risen to the top of the legislative agenda of many countries, in the EU and beyond. In the same period insolvency practice has gradually grown into its renewed role: understanding the diversity in creditors’ interests, to think (allow me) outside the narrow box of insolvency liquidation and get… Read More »2019-04-doc6 Restructurings and workouts

A decade ago, none of us could have imagined just how much business and economic dimensions we would see in the restructuring and insolvency industry world of today. It may be bad news for the companies affected; however, we could not have imagined the creativity and dedication of schol­ars and practitioners in the field in presenting broader perspectives and leg­islation… Read More »2019-04-doc5 Turnaround Management

The subject of a compulsory settlement outside of formal insolvency proceedings has been the focus of attention in Europe and several of its Member States, including the Netherlands, for quite some time. In the preface of his book ‘Pre-insolvency proceedings. A Normative foundation and Framework’ (OUP, 2019), the author, Nicolaes Tollenaar, signals this strong development in Europe with focusing on… Read More »2019-04-doc2 pre-insolvency proceedings