Creditor Protection Research Articles

УПРАВЛІННЯ ФІНАНСОВИМИ РЕЗУЛЬТАТАМИ ПІДПРИЄМСТВ

The article discusses the topical issue of managing financial results in the conditions of a market economy. The article analyzes the scientific works of Ukrainian and foreign researchers and specialists on the study of methods and techniques for analyzing financial results; the main complex measures for ensuring and forming the financial results of organizations in Ukraine are defined; a study of the main methods of planning financial results was carried out. The article states that the study of the dynamics of financial results according to the components of accounting will solve a number of problems: evaluate the competitive position of the organization: the growth of profit from sales, which indicates an increase in the competitiveness of the organization and its products; evaluate the organization's asset management strategy: a decrease in profit from sales while increasing operating income may mean a reduction in the main type of activity along with an increase in operations related to the transfer of property for lease or asset sales; give an assessment of the “quality” of economic and legal work in the organization: for example, an increase in unrealized income signals the high quality of claims work or the collection of receivables previously recognized as hopeless. It was determined that a general assessment of the organization's activity is given on the basis of such financial indicators as profit – an absolute indicator and profitability – a relative indicator. It was determined that the concept of “financial leverage effect” is used to assess the effectiveness of the organization's use of loan funds. When borrowing funds, profit before taxation is reduced due to the inclusion of interest for their use in the composition of expenses. The main component dependencies are analyzed, which reflect the increase in the return on equity due to the tax corrector, the differentiation of financial leverage and financial leverage. Approaches to the formation, distribution and analysis of such indicators as profit and profitability have been considered, allowing to manage the activities of the organization in order to maximize financial results. The concept of profit, which needs three goals, has been studied: 1) tax calculation; 2) creditor protection; 3) choosing a reasonable investment policy. It is determined that the return on equity can be increased by using borrowed funds and the factors that affect the return on equity are determined.

Analysis on the new horizontal p ersonality denial system from the perspective of creditor protection

Analysis on the new horizontal p ersonality denial system from the perspective of creditor protection

Does a Market for Credit Protection Increase Employment Risk?

Does a Market for Credit Protection Increase Employment Risk?

Accounts Receivable Reform and Financing Constraints: Evidence from China’s A-Share Market

ABSTRACT The commercial bill, as a regulated commercial credit mode, offers better creditor protection, more financing channels, and stronger bargaining power in financing. This paper creatively constructs bills receivable index in the micro level of enterprises and examines the potential impact of billing of accounts receivable on the financing constraints faced by enterprises. This paper also explores the mechanism that causes the impact and check whether the establishment of the Shanghai Commercial Paper Exchange Corporation (SHCPE) has had positive effects. The results show that billing can alleviate the financing constraints of enterprises due to its benefits offered by the commercial bill. Furthermore, the establishment of the Shanghai Commercial Paper Exchange Corporation (SHCPE) can lead to the development of a standardized and transparent bill market, further alleviating the financing constraints. The study also reveals that billing of accounts receivable affects financing constraints mainly by enhancing the quality of debt-like assets and reducing information asymmetry between enterprises and the outside world. For enterprises with longer maturity structure, the effect of billing on the alleviation of financing constraints is more significant.

Perlindungan Hukum Bagi Penerima Dalam Hal Pemberi Objek Jaminan Fidusia Yang Belum Didaftarkan Tanpa Persetujuan Penerima

In order to improve the economy, someone sometimes needs sufficient capital to start a business, so a credit loan is needed to be able to start it. In implementing the credit agreement, creditors often also want collateral to provide security and a sense of trust. One of the credit guarantees commonly used by the public is fiduciary guarantees. The Fiduciary Guarantee has legal procedures or procedures that must be complied with so that it has binding force and can provide legal protection for the parties. The problems in this research are 1) Legal Protection for Creditors to prevent the transfer of Fiduciary objects based on Law Number 42 of 1999 concerning Fiduciary Guarantees; 2) Transfer of Fiduciary Guarantee Objects based on Law Number 42 of 1999 concerning Fiduciary Guarantees; 3) Registration of fiduciary collateral objects to avoid transfer of fiduciary collateral objects. The purpose of this research is to find out how legal protection, transfer of objects and registration of fiduciary guarantees are according to Law Number 42 of 1999 concerning Fiduciary Guarantees. This research method is normative juridical research with descriptive research characteristics, using secondary data collected through literature study. Based on the results of this research, it can be concluded that the transfer of fiduciary collateral objects that have not been registered without the creditor's consent is an action that is not justified by law (invalid). Legal protection for creditors in the event that a debtor transfers a Fiduciary Security object that has not been registered without the creditor's consent may subject the debtor to civil and criminal liability.

Study on Creditor Remedies in Corporate Capital Reduction

This paper aims to study the remedies available to creditors in the context of corporate capital reduction. It explores the risks and challenges faced by creditors during the process of corporate capital reduction and discusses measures to safeguard their rights and interests. Firstly, it introduces the concept and background of corporate capital reduction, analyzing the potential losses that creditors may suffer in this process. Subsequently, it provides a detailed analysis of the legal framework surrounding corporate capital reduction, including legal regulations, procedures, and a comparison of creditor protection mechanisms under different legal systems. In terms of remedies available to creditors, it examines the exercise of recovery rights, applications for preservation orders, as well as the deadlines and requirements of remedial procedures. By conducting practical case studies, it summarizes the practical experience and effective methods for creditors' remedies. Lastly, it offers suggestions for improving creditor protection measures, such as enhancing laws and regulations, strengthening supervision, and promoting information disclosure. This study provides valuable insights for protecting the rights and interests of creditors in corporate capital reduction. It also contributes to the further enhancement of creditor protection mechanisms by relevant institutions and legislators, thereby fostering the rational development of corporate capital reduction.

Pemegang Pengalihan Atas Hak Tagih Tertulis (Cessie) Dalam Permohonan Penundaan Kewajiban Pembayaran Utang Berdasarkan Undang-Undang Nomor 37 Tahun 2004 Tentang Kepailitan dan PKPU (Analisa Putusan: No.16/Pdt.Sus–PKPU/2017/PN.Niaga/Jkt.Pst)

The transfer of receivables for written collection rights is called Cessie. The legal arrangements regarding cessie are regulated explicitly in Article 613 of the Civil Code. Generally, the granting of the right to collect is often in debt-receivable disputes. Transfer of rights from the old creditor (cedent) to the new creditor (cessionaris) over the debtor (cessus). Disputes over debts in the business world are commonly experienced by every legal subject including business entities. The problem of debts is a slick and complicated problem to find a solution to these conditions. The intensity of the need for funds in carrying out company operations can bring two things, namely profit and loss. (However, in practice, the transfer of receivables for written collection rights under the cessie scheme is often disputed by legality and validity, or the process that occurs so that the transfer of rights to collect debts that have matured becomes an obstacle in applying for a new Creditor PKPU (cessionaris ) is also hampered and difficult to be able to fulfill his right to repayment of debts of debtors. Legal protection is required to touch not only on the part of the debtor either preventing the collateral property from being insolvented but the legal protection of the creditor.This research was conducted using secondary data obtained from primary legal materials such as analyzing laws and regulations related to the title of this thesis. Secondary legal materials such as books, various magazines, literature and articles.Right to collect receivables in writing with the cessie scheme in its development in the business world often raises questions about the legal protection of creditors after transferring their collection rights to other creditors. The transfer is followed by the condition of levering and official written notice (betekkning) to the debtor that the transfer of the right to collect the right to collect. The application of cessie is then combined in a dispute over debt receivables when there is a PKPU application for the situation of insolvency of the debtor so that it neglects to pay off its debts.

Redefining Bankruptcy Law: Incorporating the Principle of Business Continuity for Fair Debt Resolution

This study critically examines the inadequacies of the current Indonesian Bankruptcy Law, highlighting the conflicting nature of its debtors' insolvency declaration mandate, as stated in Article 2, verse (1). The research explores the philosophical basis of incorporating the principle of business continuity into future bankruptcy regulations to ensure fair, rapid, transparent, and efficient debt resolution for both debtors and creditors. Employing a normative legal research methodology, the paper investigates the inherent values of justice, legal certainty, and interests, along with general and bankruptcy principles. The study posits that the essence of bankruptcy law is not merely to protect creditors but also to ensure the survival and continuity of debtor businesses. The findings reveal that existing bankruptcy procedures, including insolvency examinations and financial report analysis, could be refined to better safeguard debtor businesses. This paper argues that an explicit elaboration of the business continuity principle in bankruptcy legislation could promote balanced legal protection in insolvency proceedings. The implications of this research can guide legislative reforms, ensuring a more equitable and efficient debt resolution process in the Indonesian bankruptcy system.Highlights:
 
 The current Indonesian Bankruptcy Law struggles with issues of fairness and efficiency in resolving debt problems.
 The principle of business continuity should be explicitly incorporated into bankruptcy legislation to ensure balanced protection for both debtors and creditors.
 Legal examination mechanisms, such as insolvency examinations and financial report analysis, could be further refined to safeguard debtor businesses more effectively.
 
 Keywords: Indonesian Bankruptcy Law, Debt Resolution, Business Continuity, Normative Legal Research, Legal Protection.

Analisis Yuridis Terhadap Wanprestasi Dalam Perjanjian Pembiayaan Penjaminan Fidusia

Even though creditors have a fairly large role in economic performance and guarantees in particular, the legal protection for creditors in fiduciary guarantee agreements is considered to be very weak and limited. This study aims to determine the extent of legal protection for creditors in order to achieve legal certainty in fiduciary guarantee agreements by examining theories, concepts, legal principles, and laws and regulations based on primary legal materials. This study uses normative and empirical legal research methods. Based on the research results, the form of default in the consumer financing agreement with a fiduciary guarantee in Decree Number 12/Pdt.GS/2022/PN Tjk, it was determined that Mr. Iwan Andi Yanuarta has defaulted. The Defendants violated the financing agreement with a fiduciary guarantee by committing an act of default. The judge's considerations in handling default cases in financing agreements with fiduciary guarantees in Decision Number 12/Pdt.GS/2022/PN Tjk are in accordance with the principles of justice. The defendant was proven to have violated Article 1238 of the Civil Code concerning Default and Article 1243 of the Civil Code concerning compensation and costs, resulting in serious legal consequences. The amount of compensation to be paid by the Defendants is Rp. 116,968,300.00.

Влияние публичного элемента в делах о банкротстве на развитие судебного правотворчества

Bankruptcy is usually perceived as a mechanism for restoring the interests of creditors, social rehabilitation of debtors, and making liable the persons abusing the form of a legal entity, etc. Within the framework of these goals, the institution of bankruptcy is developing in such a way that also affects the classical institutions of civil law, the principles of the civil process, which significantly affects the general (non-bankrupt) civil turnover. The article explains the theses that the development of concepts and instruments new to private law within bankruptcy cases is caused by public goals of bankruptcy, over and above the protection of creditors’ interests, which forms a kind of «creditors’ equity law», whose approaches deform civil turnover and should be taken into account by participants in non-bankruptcy legal relations when structuring transactions and their execution.

Divorce at the Notary: Protection of Creditors’ Interests

Abstract In order to continue to grow and prosper, modern society is increasingly adopting the products of companies, institutions, and organizations providing credit services. However, as a result, dissolution of a marriage tends to pose problems and raises unavoidable questions concerning the determination of the nature of the obligations of the spouses and the division of these obligations, which is why it is quite common in divorce cases for a third party, a creditor whose interests also need to be protected, to be involved. In cases concerning family relations, protection of the public interest predominates because protection of the legal interests of the spouses as well as the creditors must be guaranteed, also the proportionality of the protection of the legal interests between the parties must be achieved, because everyone has the right to defend their violated rights, and the state must ensure the protection of those legal interests. However, this protection is often compromised due to the lack of information available to notaries, which could be alleviated by more extensive use of technology. The article’s aim is to analyze the amendments to the Civil Code of the Republic of Lithuania as of 1 January 2023 concerning extrajudicial divorce at a notary, its advantages and drawbacks, as well as to discuss the existing and the possibility of adaptation of new technological solutions with an aim of improving the protection of creditors in the divorce process.

Analisis Yuridis Keabsahan Perjanjian Pinjaman Online Spinjam Pada Aplikasi Shopee Berdasarkan Kitab Undang-Undang Hukum Perdata

In this research the author raised the title "Judicial Analysis of the Validity of Online Loan Agreement on the Shopee Application". The purpose of this research is to find out the problems that will be examined in this thesis are: How is the validity of online loan agreements based on the provisions of the Civil Code and what is the legal protection for debtors and creditors when using online loan agreement on the Financial Technology-based Shopee application. The research method used is normative-empirical law and the specifics used in this research are descriptive analysis. Based on research results, legally, fintech agreements remain valid if they meet subjective and objective requirements. On the other hand, the fintech agreement is made by the organizer, not made by the parties as users. in fintech agreements. If the agreement fulfills these elements, then the fintech agreement is valid according to law. Legal protection for parties in the implementation of online-based money lending and borrowing includes preventive and repressive legal protection, where preventive law is based on its implementation before a dispute occurs. Meanwhile, repressive legal protection is carried out after a dispute occurs.

The ecosystem of financial inclusion and its regulation

The article examines the essence of the concept of financial inclusion from the perspective of the formation of an ecosystem of interdependent determinants of its provision, substantiates the role of regulation as an important prerequisite for ensuring financial inclusion. Proved that for the effective formation and development of the financial inclusion ecosystem, it is necessary to create and support an adaptive regulatory environment capable of ensuring full-fledged legislative protection of creditors' and depositors' rights, protection of property rights of financial services market participants, and information security. Identified a set of regulatory measures necessary to ensure a high level of financial inclusion in the country.

PERLINDUNGAN HUKUM KREDITUR DAN DIBITUR MENURUT UNDANG-UNDANG NOMOR 21 TAHUN 2008 TENTANG PERBANKAN SYARIAH

This research aims to find out and analyse the legal protection of creditors and debtors according to law number 21 of 2008 concerning sharia banking. In this research, the researcher formulated the problem, what is the form of legal protection for creditors and debtors in sharia banking, and how to implement prudential principles in anticipating bad credit in sharia banking. This research requires normative juridical research which researchers carry out by examining library materials or secondary data. In this research, a statutory approach is used which is related to the principle of prudence in sharia banking. According to Law no. 21 of 2008 concerning Sharia Banking. Next, using conceptual (conceptual approach) is used to examine general points of view and principles that apply in law, such as literature or references that are relevant to the research object. The research results show that the banking principle of prudence is a principle that is anticipatory in preventing the possibility of banks suffering losses in distributing funds to customers, then the principle of prudence in carrying out its business activities and is obliged to uphold and adhere to this principle further if in In the most common case, such as a debtor stumbling over bad credit, resolution efforts can be taken in two ways, namely litigation efforts through the courts, and non-litigation efforts through preventive efforts, namely actions to anticipate the emergence of bad credit, early warnings, and negotiation efforts.

Creditor protection and labor investment efficiency: Evidence from China

This paper examines how strengthened creditor protection affects the real economy in view of labor investment efficiency. Exploiting the implementation of the enterprise bankruptcy law and the property law in 2007 as quasi-exogenous shocks, we find that strengthened creditor protection can reduce the deviations of labor investment from the level justified by economic fundamentals, i.e., improve labor investment efficiency. The improvement in labor investment efficiency is largely driven by the alleviation of overinvestment in labor due to under-firing. The main results are more pronounced for non-state-owned enterprises with more intermediate layers and state-owned enterprises with fewer intermediate layers in the pyramid control chains. Our overall findings indicate that strengthening creditor protection through upgrading the legal system can improve the efficiency of human capital allocation.

Legal Protection of Creditors in Credit Agreements with Warranties of Power of Attorney Impose Collateral Rights That Have not Been Registered Based on PMA/KBPN NUMBER 22 of 2017 at Pt. BPR Harta Mandiri Pekanbaru

Encounter rapidly growing, competitive, and integrated national economic development with increasingly complex challenges and an increasingly advanced financial system that requires policy adjustments in the economic field, including banking. Economic recovery is inseparable from the banking business's hazardous credit distribution. Therefore, collateral is significant in the issuance of credit. In practice, the Bank as a creditor provides credit facilities to the debtor. SKMHT was made to become a basis for making a Deed of Mortgage Rights (APHT). However, SKMHT has a term. Thus, both the creditor and the notary / PPAT must pay serious attention to the validity period because the expired SKMHT affects the APHT cannot be registered, so the Bank cannot execute the debtor's default guarantee object. The problems in this study are the factors that affect creditors in credit agreements with SKMHT guarantees that cannot register their rights and how to protect creditor law in credit agreements with SKMHT guarantee based on PMA / KBP Number 22 of 2017. The research method used is juridical-empirical and descriptive analysis, then analyzed qualitatively. Banks in credit binding only limited SKMHT as a bridge to make APHT. When SKMHT cannot be increased to APHT, the Bank cannot execute the guarantee object in the credit agreement. The factors that influence SKMHT cannot be upgraded to APHT because the Bank gives credit on specific credit based on the PMA / KBPN Number 22 of 2017, the process of registration of the mortgage is too long, negligent Notary / PPAT considering the expiry of SKMHT period so that the legal protection that can be done is by filing a civil suit at the local District Court with evidence of the binding of credit agreement between the Bank and the debtor. So that the object of the collateral can be executed.

Parate Executie Polemic: The Nature of the Authority to Sell Creditors for Objects of Collateral Rights

Execution of collateral objects is basically uncomplicated. The holder of the first Mortgage is also entitled to carry out direct execution of the object of the Mortgage that is used as collateral because in addition to the deed of Mortgage it also functions as proof of the existence of a Mortgage. Mortgage is a guarantee institution for land rights in the codification of national land law since the Mortgage Law was promulgated on April 9, 1996 , Mortgage rights function to provide protection for certain creditors and certain positions. where the deed is affixed with the irah-irah "For the sake of Justice Based on Belief in the One and Only God", which has executive powers which is the same as a court decision that has permanent legal force. Despite the fact that the auction procedure is likewise governed by a Minister of Finance Regulation, many lawsuits seeking the cancellation of auctions are nonetheless filed with the District Court on a regular basis. This research is included in the category of normative legal research, which analyzes laws and regulations in a comprehensive legal system. With regard to authority, in essence, an owner (eigenaar) has the power to control (beschikkingsbevoegdheid) and is authorized to act (handelingsbekwaanheid), but a person who is not an owner does not have power (beschikkingssonbevoegdheid) and may not act. Parate executie arrangements were prepared by legislators as a form of legal protection for the parties and are an excellent means of adjusting to legal requirements in the economic field.

Kepastian Hukum Terhadap Perjanjian Pembiayaan Didahului SKMHT Tanpa APHT

Ownership of land rights is an interest for Indonesian that is used for various purposes, one of which is as collateral in a financing agreement. The advantage of being a collateral object is to have a stable value and tend to increase. The purpose of this study is to analyze the legal protection of creditors who experience problems when knowing debtor defaults and their position of creditors who only have SKMHT without APHT due to notary negligence. This research method is qualitative with a normative juridical research type. The results of the research are protection for SKMHT holders enforced despite the negligence of the Notary/PPAT. In addition, the recommendation that the PPAT/Notary should have SKMHT management to avoid legal problems when debtor defaults.

Implementation of Legal Protection for Creditors for Defaulting Customers with Motorized Vehicle Ownership Book Guarantees

A customer who defaults on a credit agreement basically harms the creditor. The purpose of this research is to explore the implementation of legal protection for creditors for customers who default on credit agreements by guaranteeing Motor Vehicle Ownership Books. The type of research used is empirical juridical with field studies at PT. BPR Bank Pasar Bhakti Sidoarjo. The results of the study show that the implementation of legal protection includes preventive legal protection and repressive legal protection. Guaranteed motorbike taxis will be burdened with fiduciary guarantees which are used as a form of legal certainty and can protect creditors when bad credit occurs. Repressive legal protection taken in resolving bad credit disputes is by credit restructuring first. If it is not successful, the creditor executes the collateral object which will later be sold privately to pay off the debtor's debt to the creditor.

LEGAL PROTECTION OF CREDITORS AGAINST THE EXECUTION OF COLLATERAL OBJECTS IN THE EVENT OF THE DEBTOR'S BREACH OF PROMISE AT BANK MANDIRI KC SURABAYA GENTENGKALI

When the debtor neglects to make payments on his debt, an execution parate is made as a form of legal protection for creditors. The origin of the execution of mortgage rights can be traced back to this time. UUHT has provided a precise description of the execution that can be carried out in the event of a debtor's default, including holding an auction known as "execution parate". Empirical legal research does not only focus on the positive aspects of law but also its application or practice in the field. In addition, the methodology used in this research is qualitative. In addition, this study uses three types of legal materials, namely primary legal materials, secondary legal materials, and tertiary legal materials. This study shows that Article 6 UUHT contains requirements regarding legal protection for creditors. The form of a written agreement is another form of legal protection for creditors to be able to take back their rights from debtors with bad intentions to pay off their receivables, and banks can carry out parate executions if the debtor defaults.