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Author: Stephen Griffin
Publisher: Hart Publishing
ISBN: 9781841130750
Category : Law
Languages : en
Pages : 0
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Book Description
Foreword by Rt. Hon Mary Arden,D.B.E. The purpose of this new work is to provide an in-depth analysis of circumstances giving rise to the disqualification and personal liability of directors of insolvent companies. By way of introduction, the book commences by considering the legal indentification of a company director and the general corporate responsibilities and duties expected from a director of an insolvent company. Following the introduction, the first part of the work is devoted to an examination of the statutory provisions which may potentially render a director to be made personally liable to contribute to the debts and liabilities of an insolvent company. Accordingly, Part I of this book considers the law governing misfeasance proceedings, fraudulent trading, wrongful trading, phoenix companies and the misuse of corporate names under section 349(4) of the Companies Act 1985. Part II of the book involves an examination of the disqualification process under the Company Directors Disqualification Act 1986. The ability and powers of the courts to impose disqualification orders have generated an abundance of case law. Part II commences with a general analysis of the disqualification process before moving on to specifically concentrate its attention on section 6 of the Act, namely the disqualification of directors for unfit conduct. The final chapter of the work involves an analysis of the procedural aspects of the disqualification process. Table of Contents Part I - Personal Liability of Company Directors Chapter 1 - Introduction Chapter 2 - Misfeasance Proceedings Chapter 3 - Fraudulent Trading Chapter 4 - Wrongful Trading Chapter 5 - The Phoenix Syndrome Chapter 6 - Section 349(4) of the Companies Act 1985 Part II - Disqualification of Company Directors Chapter 7 - The Company Directors Disqualification Act 1986 Chapter 8 - Disqualification for Unfit Conduct in the Management of an Insolvent Company (section 6, CDDA 1986) Chapter 9 - Procedural and Evidential Matters Pertinent to the CDDA 1986
Author: Stephen Griffin
Publisher: Hart Publishing
ISBN: 9781841130750
Category : Law
Languages : en
Pages : 0
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Book Description
Foreword by Rt. Hon Mary Arden,D.B.E. The purpose of this new work is to provide an in-depth analysis of circumstances giving rise to the disqualification and personal liability of directors of insolvent companies. By way of introduction, the book commences by considering the legal indentification of a company director and the general corporate responsibilities and duties expected from a director of an insolvent company. Following the introduction, the first part of the work is devoted to an examination of the statutory provisions which may potentially render a director to be made personally liable to contribute to the debts and liabilities of an insolvent company. Accordingly, Part I of this book considers the law governing misfeasance proceedings, fraudulent trading, wrongful trading, phoenix companies and the misuse of corporate names under section 349(4) of the Companies Act 1985. Part II of the book involves an examination of the disqualification process under the Company Directors Disqualification Act 1986. The ability and powers of the courts to impose disqualification orders have generated an abundance of case law. Part II commences with a general analysis of the disqualification process before moving on to specifically concentrate its attention on section 6 of the Act, namely the disqualification of directors for unfit conduct. The final chapter of the work involves an analysis of the procedural aspects of the disqualification process. Table of Contents Part I - Personal Liability of Company Directors Chapter 1 - Introduction Chapter 2 - Misfeasance Proceedings Chapter 3 - Fraudulent Trading Chapter 4 - Wrongful Trading Chapter 5 - The Phoenix Syndrome Chapter 6 - Section 349(4) of the Companies Act 1985 Part II - Disqualification of Company Directors Chapter 7 - The Company Directors Disqualification Act 1986 Chapter 8 - Disqualification for Unfit Conduct in the Management of an Insolvent Company (section 6, CDDA 1986) Chapter 9 - Procedural and Evidential Matters Pertinent to the CDDA 1986
Author: L. S. Sealy
Publisher:
ISBN: 9780863255366
Category : Bankruptcy
Languages : en
Pages : 150
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Book Description
Disqualification and Personal Liability of Directors is a handbook explaining in clear and straightforward terms the rules and practice relating to director disqualification, the imposition of personal liability on directors and the rules restricting wrongful trading. The book is not only a handbook for the insolvency or company law specialist, but aids compliance with the law and can be used in: . Investigations of possible breaches of the law. Preparation of reports on the financial health of a company. The handling of cases
Author: William E. Knepper
Publisher: MICHIE
ISBN:
Category : Corporation law
Languages : en
Pages : 922
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Book Description
This book discusses how directors and officers can limit and protect against personal liability for corporate acts. Conflict of interest, class actions, liability of third persons, SEC regulatory actions, indemnification and contribution, and other relevant issues are addressed in the work.
Author: Helen Anderson
Publisher: Kluwer Law International B.V.
ISBN: 9041126740
Category : Law
Languages : en
Pages : 354
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Book Description
This collection of essays describes and analyzes the legal regimes governing directors' liability for corporate fault and default across eleven important trading jurisdictions.
Author: Denis Boyd
Publisher:
ISBN: 9780853894209
Category : Bankruptcy
Languages : en
Pages : 23
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Book Description
The text of a lecture given by the author on personal liability and disqualification of company directors on insolvency. Price includes postage and packaging.
Author: Jean Jacques du Plessis
Publisher: Taylor & Francis
ISBN: 1351795996
Category : Business & Economics
Languages : en
Pages : 246
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Book Description
Cover -- Half Title -- Title Page -- Copyright Page -- Table of Contents -- Table of cases -- Table of legislation -- List of tables -- About the editors and authors -- Preface -- 1 Analyses, perspectives and jurisdictional overview -- 2 The United Kingdom -- 3 Australia -- 4 South Africa -- 5 The United States -- 6 Germany -- Index
Author: Simon Deakin
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3110489961
Category : Law
Languages : en
Pages : 1072
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Book Description
In recent years several cases concerning the liability of directors and officers have courted controversy. Arguments raised in such discussions oscillate between two extremes: on the one hand, the need for governing bodies to give a space to entrepreneurial discretion and on the other hand to ensure the protection of investors in and creditors of a company from the consequences of disadvantageous decisions by those bodies. In light of the geographical dispersal of the above stakeholders, the study offers a comparative insight into the liability of directors and officers in 10 key European jurisdictions (in particular, Austria, Czech Republic, Germany, Italy, the Netherlands, Norway, Poland, Spain and Switzerland) and 4 non-European jurisdictions (namely Brazil, Israel, Turkey and the United States). Amongst other things it investigates existing company law principles on the topic and examines their interaction with tort law and other fields with a view to suggesting principles for better stakeholder protection. National reports are complemented by an economic analysis and insurance, conflict of laws and comparative reports. The study also benefits from case study analyses.
Author: Henry Lloyd MORGAN
Publisher:
ISBN:
Category :
Languages : en
Pages : 38
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Book Description
Author: Alexander Loos
Publisher: Kluwer Law International B.V.
ISBN: 9041158529
Category : Law
Languages : en
Pages : 674
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Book Description
This acclaimed reference book for international business lawyers first appeared in 2006, with a second edition in 2010. Now in its third edition, and once again published in conjunction with the International Bar Association, this comparative study of a crucial issue in corporate law gives practitioners a powerful and decisive tool for ascertaining and comparing the law affecting directors’ liability in today’s globalizing economies. Covering nearly fifty jurisdictions worldwide (including eight not previously covered), the third edition affords senior lawyers in major firms the opportunity to provide concise, detailed, and easy-to-understand summaries on his or her home law on directors’ liability. Authors whose research appeared in earlier editions have updated their chapters, and the case law summarized and analysed now reflects published cases through the end of March 2016. The contributions describe the relevant law in force in each particular jurisdiction, along with an insightful discussion of trends and future prospects. For each of the different jurisdictions the authors detail and explain such factors as the following: - national legal theories of director liabilities; - recent cases dealing with directors’ liability; - corporate governance; and - indemnification and insurance. Where applicable, coverage also includes the legal implications of jurisdictional variations in such matters as judicial review, lawyer directorship, directors’ reliance on outside professionals, and the effect of the European Action Plan. References have been thoroughly updated throughout, and include many new online sources. This publication will be of enormous value to legal practitioners, whether in private practice or in the legal department of a globally active company, as a comprehensive and easy means of access to the law of foreign jurisdictions on directors’ liability.
![International Liability of Corporate Directors [2007] II PDF](https://books.google.com/books/content/images/frontcover/-Dtsc4UUjWQC?fife=w80-h100)
Author: Christian Campbell
Publisher: Lulu.com
ISBN: 1435702298
Category : Law
Languages : en
Pages : 364
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Book Description
"International Liability of Corporate Directors", Volume II, 2007 edition, with nearly 750 pages in two volumes, examines the law applicable to company directors and the means available to minimize the risks of claims against them. The publication surveys 20 jurisdictions in Australasia, Europe, and North America. Purchase Volume I to complete the set. Purchase of print version includes CD version and 24/7 online access. A 10% discount applies to a subscription for next year's update. A 25% discount applies to a subscription for three years of updates. Discounts are applied after purchase by rebate from publisher.
