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dc.contributor.authorPOMELLI, ALESSANDRO
dc.date.accessioned2023-04-18T10:29:18Z
dc.date.available2023-04-18T10:29:18Z
dc.date.issued2023
dc.date.submitted2023-03-31T12:17:53Z
dc.identifierhttps://library.oapen.org/handle/20.500.12657/62231
dc.identifier.urihttps://directory.doabooks.org/handle/20.500.12854/99300
dc.description.abstractDebt finance raised from corporate insiders has attracted the attention of legal scholars over the past several years. Such an interest comes as no surprise. The variety of legal treatments reserved for insider loans across Europe, the United States and in other jurisdictions attests to an intriguing absence of any regulatory uniformity despite similar financing patterns. After reviewing the literature on the benefits and costs of inside debt financing and illustrating the diverse regulatory approaches adopted by prominent jurisdictions, the book reassesses the risk of opportunistic insider lending based on the state of a company’s finances. In doing so, the book sheds light on the net costs associated with financially sound firms issuing senior debt, whether secured or unsecured, to their insiders and, by contrast, the net benefits of allowing insiders to make senior unsecured loans to firms that are in or near insolvency. Following the reexamination of the benefits and costs of insider lending, novel requirements are recommended for an efficient and fair legal response to inside debt as a source of funding for both solvent firms and financially-distressed ones.
dc.languageEnglish
dc.relation.ispartofseriesCollana del Dipartimento di Sociologia e Diritto dell’Economia Università di Bologna
dc.rightsopen access
dc.subject.otherInsiders, Debt, Equity, Loans, Bankruptcy, Subordination
dc.subject.otherthema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNP Financial law: general::LNPC Bankruptcy and insolvency
dc.subject.otherthema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNC Company, commercial and competition law: general::LNCB Commercial law
dc.titleInside Debt Financing
dc.title.alternativeTheory, Practice, and Regulatory Approaches
dc.typebook
oapen.relation.isPublishedBy3b1e4403-b637-4268-a952-2280e4500b8a
oapen.pages197
oapen.place.publicationMilan


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open access
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