International Asset Tracing in Insolvency - Hardcover

Hardcover

ISBN 10: 0199576238 ISBN 13: 9780199576234

Publisher: OUP Oxford, 2009

Synopsis

In the light of the market downturn and the inevitable discoveries of frauds and misfeasance, tracing assets has become important in all significant insolvencies. This is the first book to provide comprehensive coverage of the legal and practical forensic issues involved in asset tracing in insolvencies. Both corporate and personal insolvencies are covered in domestic and international cases.

The book considers domestic laws on insolvency and asset tracing from six jurisdictions (including England, USA, Guernsey, Jersey, BVI and Cayman) and provides a toolkit of key information for domestic and international tracing from these sources. In particular the information includes: definition of company property; what court orders are available; what questions can be asked; what information can be obtained; and how expenses are dealt with. In addition to consideration of domestic law, the work includes a discussion of revelant EC Regulation and UNCITRAL model laws.

There is a substantial section on forensic approaches which provides information on the practical aspects of asset tracing such as tools for obtaining information (corporate intelligence and forensic technology), developments adding to insolvency powers (quality and availability of open source information and internet footprint), and possible hindrances to the process (data protection legislation and the loss of records in electronic banking). The final section of the work includes examples of asset tracing from a number of actual cases covering both corporate and personal insolvency such as UK Aid (Gibb Duarf) and Diandor.

The team of authors includes forensic accountants, solicitors and barristers who are excellently qualified to provide the necessary mix of legal and practical content to cover all of the specialist elements of work in this field.

This book will be welcomed by a readership including international and domestic practitioners specialising in insolvency, fraud and financial law generally as it offers them a 'one stop' reference point for all issues relating to asset tracing in international insolvencies.

About this title

Product Description:

No jacket.

Review:

This well-produced and authoritative book fills an important gap in the working library of the modern insolvency practitioner.. Each chapter is written by experts who have substantial first-hand experience of the system they describe, and the editorial coordination has been skilfully executed to ensure that the work is balanced and coherent. Strongly recommended. (Professor Ian Fletcher, Professor of International Commercial Law, University College London)

The sheer detail of the material and its accessibilty through a most useful index will make it a boon for all practitioners who find themselves faced with the byzantine structures, corporate verils, disappearing assets and people inherent in asset tracing (Nick Hood, INSOL World)

About this edition

• Publisher: OUP Oxford
• Publication date: 2009
• ISBN 10: 0199576238
• ISBN 13: 9780199576234
• Binding: Hardcover
• Number of pages: 458
• Editor: Toube Felicity