In general, statutory laws governing bondholder rights are covered under insolvency codes. Bond documents (e.g., prospectus, term sheets, subscription agreements) accompanying an issuance may also contain provisions, default and cross-default clauses specific to the bond issue. These provisions provide additional protection to bondholders.
For specific laws and provisions governing bondholder rights for each market please refer to the market home pages.
The Asia-Pacific Restructuring and Insolvency Guide 2006, linked below, provides information on creditor rights in the Asia-Pacific countries.
The Asian Institute of International Financial Law report entitled - Property Rights, Collateral and Creditor Rights is linked below. The report reviews the legal framework for creditor rights in some jurisdictions in the region. Their ratings on each market’s legal framework are shown in the table below.
The World Bank developed its Doing Business indicators to measure the effectiveness and enforcement of business regulations. In terms of bondholder rights, the World Bank’s Getting Credit indicator has a Legal Rights Index which measures the degree to which collateral and bankruptcy laws facilitate lending. |
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