The legal circulation of the financial instruments issued by a company in bankruptcy Cover Image
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Circulaţia juridică a instrumentelor financiare emise de o societate în faliment
The legal circulation of the financial instruments issued by a company in bankruptcy

Author(s): Dragoş Călin
Subject(s): Law, Constitution, Jurisprudence, Commercial Law
Published by: C.H. Beck Publishing House - Romania
Keywords: derivative financial instruments; netting agreement; shares; insolvency; bankruptcy;

Summary/Abstract: In the final phase of the insolvency proceedings – i.e. bankruptcy – we find a circulation of the financial instruments which is possible either up until the maturity of the derivative financial instruments – i.e. the bilateral clearing agreement or the netting agreement or up until the deregistration of the debtor company from the Trade Registry- such circulation applies to the shares issued by the debtor company; this legal circulation of the financial instruments is possible because these assets appertain to third parties of the company under insolvency proceedings, and as long as these assets have an economic value, they may circulate freely, without being removed from the civil circuit.

  • Issue Year: XVIII/2019
  • Issue No: 11
  • Page Range: 668-673
  • Page Count: 6
  • Language: Romanian
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