Micro, Small, and Medium Enterprise Insolvency - A Modular Approach

This new book systematically examines the current process for distressed Micro, Small and Medium Enterprises (MSMEs), and proposes a different, more appropriate, 'modular' approach to the treatment of such entities when faced with insolvency proceedings.

MSMEs play a vital role in virtually all global economies. They are a primary means by which entrepreneurs bring new business propositions to the market, and deliver a range of products and services to local economies. MSMEs tend to be more reliant on favourable legal and regulatory climates to survive and thrive than larger businesses, and insolvency regimes are often more tailored to these larger businesses, assuming an extensive insolvency estate of significant worth, and the presence of creditors and other concerned stakeholders to participate in and oversee the process. These assumptions and features are generally incongruous with the reality of MSMEs, for whom assets are of less value and whose stakeholders are generally more disinterested.

The modular approach proposed in this book addresses the imbalances, inconsistencies, and lack of supervision which is often apparent in treatment of insolvent MSMEs. It provides an overview of existing approaches to MSME insolvency, the place of MSMEs in the global economy, and the particular needs of MSMEs in financial distress. It then sets out the procedural framework, policy objectives, and key components of the modular approach, detailing how a choice of modules enables national policy-makers a more flexible process for resolution. It then outlines the roles, positions, and obligations of key stakeholder groups, and explains the managerial, administrative, and judicial functions of this approach. Finally, it explains how elements of the broader legal system should be aligned with, and supportive of, the optimal functioning of the modular approach.

List of contents

• 1: Introduction


• 2: MSME Insolvency Status Quo


• 3: Principles and Objectives Guiding the Modular Approach to MSME Insolvency


• 4: Procedure Under the Modular Approach


• 5: Complementary Tools and Incentives


• 6: Role and Position of Other Key Stakeholders Interacting with or Affected by the Distressed MSME


• 7: Examples for Implementing the Modular Approach beyond specific economic and institutional backgrounds


• 8: Conclusion


• 9: Annex 1: Introduction of the Modular Approach for MSMEs: A Basic Toolkit for Legal Reform


• 10: Annex 2: Lessons from One Jurisdiction on How to Identify Policy Needs of MSME Insolvency


• 11: Annex 3: Sample of Questionnaire for Lawyers


• Appendix

About the author

Riz Mokal is a barrister at South Square Chambers and is Honorary Professor of Law and Legal Theory at University College London

Ronald Davis is Associate Professor of Law at the University of British Columbia, Canada.

Stephan Madaus is Professor of Law at the Martin-Luther-University Halle-Wittenberg, Germany

Alberto Mazzoni is Professor of Commercial Law and International Trade Law at the Catholic University of Milan, and President of UNIDROIT

Irit Mevorach is Professor of International Commercial Law at the University of Nottingham

Madam Justice Barbara Romaine is a Justice of the Alberta Court of Queen's Bench, Canada

Janis Sarra is UBC Presidential Distinguished Professor at University of British Columbia, Canada

Ignacio Tirado is Professor of Law at Universidad Autonoma De Madrid

Summary

This new book systematically examines the current process for distressed Micro, Small and Medium Enterprises (MSMEs), and proposes a different, more appropriate, 'modular' approach to the treatment of such entities when faced with insolvency proceedings.

MSMEs play a vital role in virtually all global economies. They are a primary means by which entrepreneurs bring new business propositions to the market, and deliver a range of products and services to local economies. MSMEs tend to be more reliant on favourable legal and regulatory climates to survive and thrive than larger businesses, and insolvency regimes are often more tailored to these larger businesses, assuming an extensive insolvency estate of significant worth, and the presence of creditors and other concerned stakeholders to participate in and oversee the process. These assumptions and features are generally incongruous with the reality of MSMEs, for whom assets are of less value and whose stakeholders are generally more disinterested.

The modular approach proposed in this book addresses the imbalances, inconsistencies, and lack of supervision which is often apparent in treatment of insolvent MSMEs. It provides an overview of existing approaches to MSME insolvency, the place of MSMEs in the global economy, and the particular needs of MSMEs in financial distress. It then sets out the procedural framework, policy objectives, and key components of the modular approach, detailing how a choice of modules enables national policy-makers a more flexible process for resolution. It then outlines the roles, positions, and obligations of key stakeholder groups, and explains the managerial, administrative, and judicial functions of this approach. Finally, it explains how elements of the broader legal system should be aligned with, and supportive of, the optimal functioning of the modular approach.

Additional text

This is an important book ... It represents the first, concerted effort to address the specific issue of MSME insolvency in a rigorous and scholarly framework, while offering a genuinely practical suggestion for the way forward. The controlling principles of the ground up approach and flexibility anchor the work, while due attention is paid to the incentives needed for a modular approach to work. The book is accessible, clearly written and clearly structured and avoids unnecessary jargon. Thus it is of use for academics, students, policy makers, regulators, international and industry bodies grappling with this important issue.

Report

This is an important book ... It represents the first, concerted effort to address the specific issue of MSME insolvency in a rigorous and scholarly framework, while offering a genuinely practical suggestion for the way forward. The controlling principles of the ground up approach and flexibility anchor the work, while due attention is paid to the incentives needed for a modular approach to work. The book is accessible, clearly written and clearly structured and avoids unnecessary jargon. Thus it is of use for academics, students, policy makers, regulators, international and industry bodies grappling with this important issue. Sarah Paterson, Associate Professor in Law, the London School of Economics and Political Science

Product details

• Authors: Ronald Davis, Davis Ronald, Honorary Professor of Law a, Stephan Madaus, Alberto Mazzoni, Irit Mevorach, Mevorach Irit, Riz Mokal, Riz (Barrister Mokal, Madam Justice Barbara Romaine, Janis Sarra, Sarra Janis, Ignacio Tirado, Tirado Ignacio
• Publisher: Oxford University Press
• Languages: English
• Product format: Hardback
• Released: 17.10.2018
• EAN: 9780198799931
• ISBN: 978-0-19-879993-1
• No. of pages: 256
• Subjects: Social sciences, law, business > Law > International law, foreign law; Small businesses & self-employed, LAW / Bankruptcy & Insolvency, LAW / Public, LAW / Corporate, Public International Law, Small businesses and self-employment, Company law, Bankruptcy & Insolvency, Bankruptcy and insolvency