Schemes of Arrangement - Kanaga Dharmananda, Anthony Papamatheos, John Koshy

Schemes of Arrangement

Buch | Hardcover
272 Seiten
2010
Federation Press (Verlag)
978-1-86287-806-8 (ISBN)
129,95 inkl. MwSt
Schemes of Arrangement are a flexible form of court approved corporate reconstruction and/or amalgamation. The means to advance a Scheme of Arrangement, and the limits within which any Scheme of Arrangement must be kept are the central issues of this book.
Schemes of Arrangement is a practical examination of the legal and commercial aspects of schemes of arrangement, for corporate restructuring in mergers and acquisitions and insolvency scenarios. All aspects of the scheme of arrangement are covered.
In the mergers and acquisitions context, practical issues covered include the preparation of scheme documentation, the determination of classes, requirements for first and second court hearings, practical observance of s.411(17), valuations, and matters arising from the Corporations and Markets Advisory Committee's report from December 2009.


In the insolvency setting, there is discussion of matters arising from the recent insolvencies of Sons of Gwalia, Opes Prime, Lehman Brothers and Lift Capital.


Schemes of Arrangement includes a list summarising all schemes of arrangement in Australia between 2004 and 2010, referring to the court approval decisions from each hearing. A check list for a scheme of arrangement in a mergers and acquisitions context is also included.








All royalties from this work are being directed towards the Indigenous Legal Scholarship program at the University of Western Australia, Law School.

Kanaga Dharmananda (BJuris (Hons); LLB (Hons) (UWA); BCL (Oxon); LLM (Harvard)) is a barrister at Francis Burt Chambers in Perth and a Visiting Fellow at the Faculty of Law of the University of Western Australia. Prior to being called to the Bar, Kanaga was a partner at Corrs Chambers Westgarth, Counsel with the United Nations Compensation Commission, and Counsel with Mitsubishi Corporation. He is also on the editorial board of law journals and reports and has published extensively. Anthony Papamatheos (BCom, LLB (Distinction) (UWA)) is an Associate at Maxim Litigation Consultants in Perth and is a Visiting Lecturer at the Faculty of Law of the University of Western Australia. He practises in most areas of civil and commercial litigation. John Koshy (BCom (Hons), LLB (Hons) (UWA) is a Senior Associate at Allens Arthur Robinson in Perth. He practises in mergers and acquisitions and general corporate/commercial law and has significant experience in the resources and energy sector. Koshy commenced his legal career with the State Solicitor's Office of Western Australia. He has also tutored in corporations law at the UWA Law School and corporate finance at the UWA Business School.

Foreword, The Hon Justice John Gilmour 1. Introduction - The rise and rise of the schemes of arrangement, Kanaga Dharmananda, John Koshy and Anthony Papamatheos 2. Some commercial observations on schemes of arrangement as we enter 'the 2010', Justin Mannolini 3. Some commercial observations on schemes of arrangement as we enter "the 2010s" - A commentary, Raymond Da Silva Rosa 4. Difficult issues in drafting and implementing M&A scheme documents, Michael Lishman 5. Difficult issues in drafting and implementing M&A scheme documents - A commentary, Nigel Hunt 6. Commercial considerations and approaches to successful reconstructions and creditors schemes, Andrew Saker 7. Legal solutions to commercial concerns: creditors' schemes of arrangement, Richard Douglas 8. Difficult issues in creditors' schemes, Konrad de Kerloy 9. Difficult issues in creditors' schemes - A commentary, Kim Reid 10. Expert's reports - getting it right Sherif Andrawes 11. Two court hearings and managing meetings, Malcolm Oakes SC Appendices: Basic checklist for members' scheme, Schemes of Arrangement (January 2006)

Erscheint lt. Verlag 21.12.2010
Verlagsort Annandale, NSW
Sprache englisch
Maße 156 x 234 mm
Gewicht 444 g
Themenwelt Recht / Steuern EU / Internationales Recht
Recht / Steuern Wirtschaftsrecht Gesellschaftsrecht
Wirtschaft Betriebswirtschaft / Management Planung / Organisation
ISBN-10 1-86287-806-4 / 1862878064
ISBN-13 978-1-86287-806-8 / 9781862878068
Zustand Neuware
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