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Zusatztext 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 Informationen zum Autor Felicity Toube is a Barrister at 3-4 South Square Chambers in London. Klappentext This book provides comprehensive coverage of the legal and practical forensic issues involved in asset tracing in insolvencies. It considers domestic laws on insolvency and asset tracing in England! USA! Guernsey! Jersey! BVI and Cayman! and provides a toolkit of key information for domestic and international tracing from these sources. Zusammenfassung 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. Inhaltsverzeichnis 1. England and Wales ; I. Insolvency Law in England and Wales ; II. Asset Tracing in England and Wales ; III. Criminal Powers ; IV. International Enforcement and Assistance ; 2. USA ; I. Asset Recovery Powers of Participants in the U.S. Bankruptcy Process ; II. Other Discovery Mechanisms ; III. Applicability of the Uniform Commercial Code in Bankruptcy to Tracing Proceeds ; IV. Tracing Rules ; 3. Jersey ; I. Introduction ; II. Overview of Jersey Insolvency Regimes ; III. Powers and Duties of Insolvency Office Holders ; IV. Basic Tools for Domestic and International Asset Tracing in Insolvency ; V. Court Orders Generally Available for Asset Tracing ; VI. Jersey Law of Asset Tracing ; 4. Guernsey ; I. Introduction ; II. Guernsey Insolvency Law ; III. Guernsey Law of Asset Tracing ; 5. British Virgin Islands ; I. Chapter Overview ; II. Sources of BVI Law! the Legislative Framework and the Definition of Assets ; III. BVI Insolvency Act Processes ; IV. Orders in Aid of Foreign Proceedings under the Insolvency Act 2003 ; V. Processes and Procedures Under th...
