Supervision and liability of insolvency practitioners in EU and national law

Ana Filipa Conceição / Catarina Frade / Lorenzo Benedetti / Monika Maśnicka / Ruben Hollemans / Ruben Jesus

Keywords

Insolvency practitioners; insolvency; corporate restructuring; supervision; liability; European and national law.

Abstract

Insolvency practitioners are key actors in corporate restructuring and insolvency proceedings, balancing demands for justice with economic efficiency and protection of individual economic interests.
IPs performance considerably influences the outcome of the winding up of non-viable companies and may also promote successful corporate restructuring. As servers of justice and promoters of private economic interests, IPs performance requires an adequate monitoring system and an effective accountability system.
With the European legal framework as reference, we propose to analyze the solutions adopted by four different legal systems — Dutch, Italian, Polish and Portuguese — in order to identify the similarities and differences registered in those national legal frameworks regarding IPs' supervision and liability rules.
 

Table of contents

1. Introduction
2. European framework regarding insolvency practitioners 
3. IPs’ supervision in national jurisdictions 
3.1. Internal supervision
3.2. External supervision
3.3. Removal and disciplinary proceedings
4. Professional liability rules for IPs
5. Final Remarks
Bibliography
Jurisprudence