Regulating against corporate phoenix activity

Matthew, Anne F. (2015) Regulating against corporate phoenix activity. In INSOL International Academics’ Group, 17th Colloquium, 21-22 March 2015, San Francisco, CA. (Unpublished)

Abstract

This paper considers the adequacy and efficiency of existing legal and regulatory frameworks to deal with corporate phoenix activity. Phoenix activity, which is often triggered by a solvency crisis, is estimated to cost the Australian economy up to $3 billion each year. Despite the raft of piecemeal Australian legislation directed at this activity, phoenix activity does not appear to be abating. This paper considers regulatory approaches to detection and enforcement of the underlying law. This study reveals and explores a perception that the law is deficient, and the tension that exists between the adequacy of the law and the regulatory approach.

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ID Code: 89993
Item Type: Conference Item (Presentation)
Refereed: No
Keywords: phoenix activity, insolvency, corporate governance, strategic insolvency, regulation, taxation, insolvent trading
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Corporations and Associations Law (180109)
Divisions: Current > Research Centres > Commercial & Property Law Research Centre
Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Copyright Owner: Copyright 2015 The Author
Deposited On: 06 Nov 2015 01:51
Last Modified: 06 Nov 2015 01:51

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