WP 7 Impairment of shareholders rights in restructuring procedures
Introduction
The interaction of European insolvency rules and national company law rules increases with the implementation of the Restructuring Directive in the member states. The focus of the Working Party is on the effects of restructuring on existing national company law systems, including the position of the IP versus ‘organs’ of a company, including impairment of shareholders’ rights), mutual information sharing e.g. between board and IP, debt-for-equity swaps or rules regarding director’s disqualification.
Chairs
Stathis Potamitis
Roel Fransis
Current Projects
- Debt-to-equity-swaps as a restructuring tool
The WP started in 2017 with a clear focus on the availability and necessity of a debt-to-equity-swap as a restructuring tool. A survey was conducted regarding the availability of such a tool and its dependence on shareholder consent (Stage 1 survey). The survey led to a draft Report in 2018 before it was decided to pause the project in order to reflect the development of the 2019 EU Preventive Restructuring Directive and its implementation in Member States.
Members part of
WP 07 Impairment of shareholders rights in restructuring procedures
| Michal Barlowski | Ordinary Conferee (Poland) |
| Pavel Boulatov | Ordinary Conferee (Russia) |
| Ieva Broka | Ordinary Conferee (Latvia) |
| Amanda Cohen | Judicial Conferee (Spain) |
| Rolef de Weijs | Academic Conferee (Netherlands) |
| Anja Droege Gagnier | Ordinary Conferee (France) |
| Juana Pulgar Ezquerra | Academic Conferee (Spain) |
| Patryk Filipiak | Academic Conferee (Poland) |
| Roel Fransis | Co-Chair/Ordinary Conferee (Belgium) |
| Francisco Garcimartin | Academic Conferee (Spain) |
| Rita Gismondi | Ordinary Conferee (Italy) |
| Bartosz Groele | Ordinary Conferee (Poland) |
| Frank Heemann | Ordinary Conferee (Lithuania) |
| Ferdinand Hengst | Ordinary Conferee (Netherlands) |
| Tuomas Hupli | Academic Conferee (Finland) |
| Ivan Ikrényi | Ordinary Conferee (Slovakia) |
| Stephan Madaus | Academic Conferee (Germany) |
| Miguel Martínez Muñoz | Academic Conferee (Spain) |
| Luciano Panzani | Academic Conferee (Italy) |
| Stathis Potamitis | Co-Chair/Ordinary Conferee (Greece) |
| Alexander Rokas | Academic Conferee (Greece) |
| Omar Salah | Ordinary Conferee (Netherlands) |
| Catarina Serra | Judicial Conferee (Portugal) |
| Fátima Reis Silva | Judicial Conferee (Portugal) |
| Dominik Skauradszun | Academic Conferee (Germany) |
| Petr Sprinz | Ordinary Conferee (Czechia) |
| Lorenzo Stanghellini | Academic Conferee (Italy) |
| Georg Arend Wabl | Ordinary Conferee (Austria) |
| Annemari Õunpuu | Ordinary Conferee (Estonia) |
| Đuro M. Đurić | Academic Conferee (Serbia) |