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When shareholders sue: a comparative view of the ranking of shareholder claims in insolvency
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This article analyses the treatment of shareholder damages claims in insolvency across selected jurisdictions, focusing on England, the Cayman Islands, Germany and the Netherlands. It contrasts systems which permit such claims to rank pari passu with unsecured creditors with those that subordinate or exclude them and assesses the implications for cross-border restructurings and recognition.
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