A Comparative Study on Corporate Restructuring : Focus on the Role Play of Banks in the insolvency Process

• Main Authors: Pei-Yen Tseng, 曾佩妍
• Other Authors: 王煦棋
• Format: Others
• Language: zh-TW
• Published: 2012
• Online Access: http://ndltd.ncl.edu.tw/handle/93275727808775029878

碩士 === 東吳大學 === 法律學系 === 100 === The outbreak of global financial crisis of 2008 and the subsequent of European debt crisis have caused the global economy into a recession. It has also impacte Taiwan’s enterprises severely. The main focuses of this thesis are that--Taiwan’s banks take what’s policy to respond the situation when many debtors have occurred financial crisis or collapsed. First, it analyzes the creditor’s rights and duties of the legal Insolvency Regime under Taiwan’s Companies Act, and study the influence which brings by the passage of the draft of Insolvency Act. Secondly, it discusses the debt consultation mechanism which Taiwan’s banks often adopt in practice and Taiwan’s banks how to play the important role of the corporate reorganization procedures. Thirdly, it is devoted to introducing the debt consultation mechanism of other countries, the U.S.Insolvency Regime and the way which creditors deal with in practice when the debtors have financial distress in U.S. And then I try to compare Taiwan's debt consultation mechanism, the Insolvency Regime and the way which creditors deal with in practice when the debtors have financial distress with other countries, and cite the the two different places between them. Finally, it have some suggestions as follows: the draft of Taiwan’s Insolvency Act still need to amend; the debt consultation mechanism which Taiwan’s banks adopt doesn’t give full play to its effectiveness; the authority’s regulation of sale loan are so stringent that Taiwan’s banks could not use the way to decrease the NPL rapidly, or the other investors would not take over companies which they are interested more successfully; the theory which the debtor-in-position’s liability under the the draft of Insolvency Act is weak and lack of supporting. I hope the thesis would give some advises for decision-makers of Taiwan’s banks