Lagen om företagsrekonsruktion : åtgärder för ett effktivare förfarande

Sammanfattning: About 200 years ago, there was an opportunity for companies with financial difficulties to settle the debts by an arrangement with the creditors to avoid bankruptcy. However, in the latter half of the twentieth century there was an expressed need for a procedure which meant that measures were also taken in the company's operations, a business reconstruction.    Enterprises with financial problems can by going through a reconstruction return their profitability. In this way, companies can avoid going bankrupt because of, for example, financial crises. Bankruptcy does not only have negative effects for the entrepreneur who loses his business, it also affects creditors and the society.   However, there are major issues with the Company Reorganisation Act. The procedure is not used to the extent required by the legislature when the law was created in the mid 90's. Statistics in the area show that the number of reconstructions is far from the goal of the law. In other words, it is not sufficiently effective and well known among entrepreneurs.   The year 2016 was a great year for insolvency law and a big step in the right direction. The swedish government appointed in 2015 an investigation to try solving the problems with the law. The Entrepreneurial investigation, has been analyzing the problems and came up with suggestions regarding how to change the law.    There was also a proposal from the Commission for a new EU directive. The reason is that the EU wants to harmonize member states insolvency laws. As it appears today there are major differences between the countries regulation of insolvency which leads to barriers for free movement.   The question is how the potential EU directive could affect national Swedish law. And how the Entrepreneurial investigation and proposal for directives relate to each other. Will the measures proposed in the investigation and the suggestion to a new European directive solve the problems regarding reconstructions.