International Asset Tracing in Insolvency

Hardcover | January 17, 2010

EditorFelicity Toube

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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 ininsolvencies. 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: definitionof 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 sourceinformation 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 suchas 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.

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From the Publisher

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 ininsolvencies. Both corporate and personal inso...

Felicity Toube is a Barrister at 3-4 South Square Chambers in London.
Format:HardcoverDimensions:462 pages, 9.69 × 6.73 × 0.01 inPublished:January 17, 2010Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199576238

ISBN - 13:9780199576234

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Table of Contents

1. Felicity Toube, Jonathan Wheeler, Kevin Roberts: England and WalesI. Insolvency Law in England and WalesII. Asset Tracing in England and WalesIII. Criminal PowersIV. International Enforcement and Assistance2. Gary Lee, Erica Richards, Stacy Molison: USAI. Asset Recovery Powers of Participants in the U.S. Bankruptcy ProcessII. Other Discovery MechanismsIII. Applicability of the Uniform Commercial Code in Bankruptcy to Tracing ProceedsIV. Tracing Rules3. Matthew Swan, Edward Mackereth, Oliver Passmore: JerseyI. IntroductionII. Overview of Jersey Insolvency RegimesIII. Powers and Duties of Insolvency Office HoldersIV. Basic Tools for Domestic and International Asset Tracing in InsolvencyV. Court Orders Generally Available for Asset TracingVI. Jersey Law of Asset Tracing4. Simon Davies, Nick Gamble, Matthew Newman: GuernseyI. IntroductionII. Guernsey Insolvency LawIII. Guernsey Law of Asset Tracing5. Robert Foote, Rachael McDonald: British Virgin IslandsI. Chapter OverviewII. Sources of BVI Law, the Legislative Framework and the Definition of AssetsIII. BVI Insolvency Act ProcessesIV. Orders in Aid of Foreign Proceedings under the Insolvency Act 2003V. Processes and Procedures Under the BVI Business Companies Act 2004VI. Disclosure of Documents, Evidence by Deposition and Letters of RequestVII. Interim Remedies and Piercing the Corporate VeilVIII. Asset Tracing and the Proceeds of CrimeIX. The BVI law on asset tracing outside specific insolvency provisionsX. Enforcement of Foreign Judgments and Arbitration AwardsXI. Complaints to the BVI Financial Services CommissionXII. Conclusion6. Christopher Russell, Rachael Reynolds, Shaun Folpp, William Jones: CaymanI. IntroductionII. Cayman Island Legal System; Sources and PrecedentIII. Cayman Islands ProcedureIV. Cayman Islands Company LawV. Cayman Islands Corporate Insolvency RegimeVI. Actions in Insolvency ProceedingsVII. Foreign companiesVIII. Financial Restructuring/Schemes of ArrangementIX. Recognition and enforcement of foreign judgments in the Cayman CourtsX. Personal Bankruptcy : Recognition of Foreign Trustee in BankruptcyXI. Cross Border InsolvenciesXII. Asset Tracing: Locating Assets: Identifying OwnershipXIII. Practicalities of Asset Tracing in the Cayman IslandsXIV. Recalculation of published Net Asset Values and ClawbackXV. Interlocutory Injunctions: Asset Freezing: Disclosure OrdersXVI. Conclusion8. Jeremy Outen, Penny Cassell: Practical ApproachesI. IntroductionII. Tools of Investigation - Intelligence GatheringIII. Illustrative Case StudiesIV. Conclusion