In this paper, Aoife Finnerty considers a preventive restructuring process unique to Ireland, the Examinership Procedure, in light of the Preventive Restructuring Directive (PRD). The paper discusses whether Ireland is indeed a leader in European preventive restructuring given the existence of the Examinership Procedure for the past 30 years. The paper continues to consider some challenges that might arise with the implementation of the PRD, given the variance in domestic approaches to preventive restructuring pre-PRD and the expected difficulty with harmonising laws with such different starting positions.

 

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Citation: Aoife Finnerty, 'Preventive Restructuring - Is Ireland a Leader in the EU?' in Jennifer L. L. Gant (ed), Harmonisation of Insolvency and restructuring Laws in the EU (INSOL Europe 2020) 167-176