Business Insolvency

The Business Insolvency topic measures key features of insolvency systems on a regulatory level. It also assesses the institutional and operational infrastructure associated with insolvency proceedings (judicial services), as well as the operational efficiency of insolvency proceedings across three different dimensions, here referred to as pillars. The first pillar assesses the quality of regulation pertaining to judicial insolvency proceedings — liquidation and reorganization, covering de jure features of a regulatory framework that are necessary for structured debt resolution processes and effective creditor and debtor regimes. The second pillar measures the quality of institutional and operational infrastructure for judicial insolvency proceedings, thus assessing the de facto aspects of insolvency resolution mechanisms and the infrastructure required to implement the legal framework on insolvency. The third pillar measures the time and cost required to resolve in—court liquidation and reorganization proceedings. Each pillar is divided into categories—defined by common features that inform the grouping into a particular category—and each category is further divided into subcategories. Each subcategory has several indicators, each of which may, in turn, have several components. Relevant points are assigned to each indicator and subsequently aggregated to obtain the number of points for each subcategory, category, and pillar.

What the Indicator Measure

  • LEGAL AND PROCEDURAL STANDARDS IN INSOLVENCY PROCEEDINGS

    Pre-Commencement and Commencement Standards in Liquidation and Reorganization; Post-Commencement Standards in Liquidation and Reorganization;

  • DEBTOR'S ASSETS AND CREDITOR'S PARTICIPATION IN INSOLVENCY PROCEEDINGS

    Treatment and Protection of Debtor’s Assets during Liquidation and Reorganization (includes environment); Creditor's Rights in Liquidation and Reorganization (includes environment); Selection and Dismissal of the Insolvency Administrator

  • SPECIALIZED INSOLVENCY PROCEEDINGS AND INTERNATIONAL INSOLVENCY

    Specialized Insolvency Proceedings for Micro and Small Enterprises (MSEs); Cross-Border Insolvency

  • DIGITAL SERVICES (E-COURTS) IN INSOLVENCY PROCEEDINGS

    Electronic Services in Liquidation and Reorganization; Electronic Case Management Systems in Liquidation and Reorganization;

  • INTEROPERABILITY IN INSOLVENCY PROCEEDINGS

    Digital Services Connectivity with External Systems in Liquidation and Reorganization; Interconnection Between e-Case Management System and e-Filing Systems in Liquidation and Reorganization;

  • PUBLIC INFORMATION ON INSOLVENCY PROCEEDINGS AND REGISTRY OF INSOLVENCY PRACTITIONERS

    Public Information on the Number and Length of Liquidation and Reorganization, and Insolvency Judgements; Availability of a Public Registry of Insolvency Practitioners

  • PUBLIC OFFICIALS AND INSOLVENCY ADMINISTRATOR

    Specialization of Courts with Jurisdiction on Reorganization and Liquidation Proceedings; Insolvency Administrator's Expertise in Practice

  • LIQUIDATION PROCEEDINGS

    Time to Resolve a Liquidation Proceeding; Cost to Resolve a Liquidation Proceeding

  • REORGANIZATION PROCEEDINGS

    Time to Resolve a Reorganization Proceeding; Cost to Resolve a Reorganization Proceeding

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