The strategy of restructuring bankrupt banks and financial and credit institutions and its effect on the rights of shareholders and creditors

Document Type : Original Article

Authors

1 Phd student in private law,, school of law, Islamic azad university of gorgan, gorgan, Iran

2 Assistant Professor of Islamic Azad University, Shahrood Branch

3 Assistant Professor of Law, Gorgan Branch, Islamic Azad University, Gorgan, Iran

Abstract

Adopting and implementing the strategy of "rehabilitation of bankrupt or exposed banks and financial and credit institutions" can have effects on the rights of shareholders and their creditors. The shareholders of the aforementioned banks and institutions may face effects on their property rights, including the loss of their financial and management rights, in the context of a bankruptcy crisis. The compatibility of the mentioned strategy with the general order (financial and economic of the country) has caused that the observance of public rights and interests is prioritized over the individual rights and interests of the shareholders assembly, and in other words, with the predominance of the "harmful rule" and "expedient rule" over the "rule of expediency" Taslat" and witness the impact of the restructuring strategy on the ownership and participation rights of the shareholders of the banks and institutions mentioned. The implementation of the restructuring strategy can temporarily suspend or permanently terminate all or some of the rights of shareholders and creditors of the aforementioned banks and institutions. In this article, the possible effects on the rights of the shareholders and creditors of the aforementioned banks and financial and credit institutions are investigated following the adoption and implementation of the restructuring strategy by the competent authorities, and the legal legitimacy of imposing such consequences on them is evaluated, and advantages of this strategy are evaluated. the amount of the permissible of change in the creditors' claims is explained by the competent authorities for the implementation of this strategy.

Keywords

Political Sociology of Iran
Volume 3, Issue 4 - Serial Number 12
February 2021
Pages 2709-2730

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