企业克服财务困难的指标和3r型对策

Luminița Rus, Daniela Zapodeanu, C. Scorţe, Sorina MOCIAR-COROIU
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摘要

在公司的经济生活中,无论其活动对象、领域、地理区域或地缘政治背景如何,都可能出现各种各样的财务困难。经济现实证明,一次解决一个人的困难几乎没有成功的机会;正因为如此,国际社会关注建立监管框架和确定工具,以确保公司能够克服财务困难。世界银行在2001年制定有效破产原则和债权人/债务人制度时,首次明确提到了这方面的关切。最近,欧洲议会制定了关于预防性重组、债务汇款和没收法律框架的欧盟指令2019/1023,以及提高重组程序、破产和债务汇款效率的措施,该指令修改了关于重组和破产的欧盟指令2017/1132。在国家立法中实施欧盟重组指令的同时,分析和综合了企业重组和恢复的措施,同时也考虑了所需要的立法工具。从实践的角度来看,作者的贡献具体体现在一套经济和金融指标上,这些指标可以警告/揭示公司的财务困难状况。建立这些指标是需要由国家法律和欧盟指令澄清的技术方面,它构成了重新调整公司的挑战。干预得越快,挽救公司的机会就越大。由于一些因素导致许多公司的活动暂时暂停,人们对这个话题的兴趣越来越大。在采取措施预防COVID-19大流行和提高原材料、天然气和能源成本的背景下,经济演变是不可预测的,具有挑战性。考虑到我们正在修改国家立法,所提出的一套指标无法在遇到财务困难的公司层面进行验证。因此,如何应用并实际验证这些经济金融指标将是后续研究的课题。
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INDICATORS AND 3R-TYPE MEASURES IN OVERCOMING FINANCIAL DIFFICULTIES OF COMPANIES
n the economic life of companies, various financial difficulties can appear, regardless of their object of activity, domain, geographical area, or geopolitical context. The economic reality proved that managing individual difficulties one at a time has little chance of succeeding; because of this, there are international concerns in establishing the regulatory framework and identifying instruments to ensure that the firm can overcome the financial difficulty. Concerns in this sense have been explicitly mentioned for the first time by the World Bank when Principles for effective insolvency and creditor/debtor regime were established in 2001. Recently, the European Parliament has elaborated the EU Directive 2019/1023 regarding the framework of preventive restructuring, debt remittance, and forfeiture of law, besides measures to increase the efficiency of restructuring procedures, insolvency, and debt remittance, which modifies the EU Directive 2017/1132 regarding restructuring and insolvency. While implementing the EU Directive of restructuring in national legislation, the paper analyses and synthesizes the measures of reorganizing and recovering companies while also considering the required legislative instruments. From a practical aspect, the authors’ contribution concretizes in a set of economic and financial indicators that warn/reveal the state of financial difficulty of companies. Establishing these indicators represents technical aspects that need to be clarified by the national law and the EU Directive, and it constitutes the challenge of readjusting the companies. The faster the intervention, the bigger the chances of salvaging the company. Interest in this topic is growing, given the temporary suspension of the activities of many companies caused by several factors. In the context of the measures taken to prevent the COVID-19 pandemic and increase the costs of raw materials, gas, and energy, the economic evolution is unpredictable and challenging. Considering that we are in the process of modifying the national legislation, the proposed set of indicators cannot be verified on the level of companies that encounter financial difficulties. Therefore, applying and practically verifying these economic and financial indicators will be the subject of subsequent research.
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