scholarly journals EU bank insolvency law harmonisation: What next?

2021 ◽  
Author(s):  
Michael Schillig
Keyword(s):  
Insolvency Law

Complementary Tools and Incentives

2018 ◽  
Author(s):  
Mokal et
Keyword(s):  
Modular Approach ◽  
Insolvency Law ◽  
Financial Situation ◽  
Legal Advice ◽  
Effective Use

This chapter discusses the complementary tools and incentives that can be adopted by jurisdictions to ensure the proper and effective use of the Modular Approach and to give due regard to the position and role of the various types of stakeholders involved in a MSME insolvency process. It specifically focuses on the roles and obligations of the MSME entrepreneur, both at times approaching insolvency and during the MSME insolvency process. Entrepreneurs do not always possess the education and skills to monitor the financial situation of their business and to react accordingly. With regard to the MSME framework, they would usually not be capable of designing a proper continuation plan. They might not even be aware that there is a chance to turn their business around by using mechanisms under insolvency law. In all these areas, education is a useful remedy. Jurisdictions should establish a method for providing affordable educational counselling and legal advice.

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