Title Įmonės restruktūrizavimo planas, jo rengimas, tvirtinimas ir vykdymas: teorinės ir praktinės problemos /
Translation of Title Company restructuring plan, its preparation, approval and execution: theoretical and practical problems.
Authors Matuliauskas, Laurynas Adomas
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Pages 72
Abstract [eng] Company Restructuring Plan, Its Preparation, Approval and Execution: Theoretical and Practical Problems The Master`s thesis analyses the legal regulation of the preparation, approval and implementation of corporate restructuring plan. The need of society and business to have an efficient restructuring procedure remains unfulfilled which results in the loss of promising companies and failure to satisfy creditors` interests. Part 1 of the thesis argues that the law on restructuring could be based on legal entity theories. Part 2 analyses the preparation stage of the plan looking for unanimous opinion on when corporate restructuring goal is reached, i.e. the solvency is restored. It looks for an answer to how long this state should last to meet the criteria of a long-term state. The thesis states that courts should have broad discretion to decide on postponing plan preparation dates and seeks to refute the stereotype that the setting of plan`s completion deadline per se protects the creditors` interests. The judicial practice recognizing a partial solvency restoration concept is seen as a positive phenomenon. Part 3 is dedicated to approval and implementation stages. It criticizes legal regulation for an equal treatment of creditors with different interests during approval. It also criticizes the current proposals for legislation used to solve the problem of creditors related to the company and proposes less formalised solutions. It analyses the relationship between the implementation stage of restructuring plan and the legislation of public procurement and the European Union.
Dissertation Institution Vilniaus universitetas.
Type Master thesis
Language Lithuanian
Publication date 2017