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About The Liabilities And Duties Of The Directors Of An Insolvent Company In The Finnish Law
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Book Synopsis About the Liabilities and Duties of the Directors of an Insolvent Company in the Finnish Law by : Heikki Toiviainen
Download or read book About the Liabilities and Duties of the Directors of an Insolvent Company in the Finnish Law written by Heikki Toiviainen and published by . This book was released on 2001 with total page 79 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Directors' duties in the context of insolvency by : Julia Honds
Download or read book Directors' duties in the context of insolvency written by Julia Honds and published by GRIN Verlag. This book was released on 2007-12-17 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essay from the year 2006 in the subject Law - Comparative Legal Systems, Comparative Law, grade: A, Victoria University of Wellington, course: LLM Research Paper, Master Abschlussarbeit, language: English, abstract: This essay deals with directors’ duties, focusing on the duties that specially arise in the context of a company becoming insolvent. The relevant duties are those under sections 131, 135 and 136 of the Companies Act 1993. The drafting of these insolvent trading provisions in New Zealand has been criticised in the legal literature. This research paper considers not only this criticism but also deals with the more general debate about the value of insolvent trading provisions in general. Although the current drafting of the relevant provisions in New Zealand is not without minor flaws, the need for creditor protection requires the maintenance of insolvent trading provisions in general. Besides that, this essay looks at the remedies for breaches of directors’ duties. The most important provision in this context is s 301 Companies Act 1993. Pursuant to this provision both the liquidator and individual creditors can enforce directors’ civil liability. However, the possibilities of individual creditors to obtain payment directly to themselves are restricted. The final part of this essay considers the question whether a separate duty directly owed to individual creditors should be introduced. Although such a duty seems to have some benefits, it would not be commensurate with leading principles and ideas of Insolvency Law and should therefore not be introduced. It is the concern of this research paper to point out the many issues that arise in context of directors’ duties and insolvency law and to show that it is important to strike an appropriate balance between the intended creditor protection and the entrepreneurial freedom of company directors.
Book Synopsis Comparative Company Law by : Mathias M Siems
Download or read book Comparative Company Law written by Mathias M Siems and published by Bloomsbury Publishing. This book was released on 2013-02-01 with total page 519 pages. Available in PDF, EPUB and Kindle. Book excerpt: As attention moves rapidly towards comparative approaches, the research and teaching of company law has somehow lagged behind. The overall purpose of this book is therefore to fill a gap in the literature by identifying whether conceptual differences between countries exist. Rather than concentrate on whether the institutional structure of the corporation varies across jurisdictions, the objective of this book will be pursued by focusing on specific cases and how different countries might treat each of these cases. The book also has a public policy dimension, because the existence or absence of differences may lead to the question of whether formal harmonisation of company law is necessary. The book covers 10 legal systems. With respect to countries of the European Union, it focuses on the most populous countries (Germany, France, the UK, Spain, Italy and Poland) as well as two smaller Member States (Finland and Latvia). In addition, the laws of two of the world's largest economies (the US and Japan) are included for the purposes of wider comparison. All of these jurisdictions are subjected to scrutiny by deploying a comparative case-based study. On the basis of these case solutions, various conclusions are reached, some of which challenge established orthodoxies in the field of comparative company law.
Book Synopsis Corporate Governance and Directors' Liabilities by : Klaus J. Hopt
Download or read book Corporate Governance and Directors' Liabilities written by Klaus J. Hopt and published by Walter de Gruyter. This book was released on 2012-08-28 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Company Directors by : Christopher L. Ryan
Download or read book Company Directors written by Christopher L. Ryan and published by . This book was released on 1990 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Company Directors' Liability and Creditor Protection by : Andrew Keay
Download or read book Company Directors' Liability and Creditor Protection written by Andrew Keay and published by Taylor & Francis. This book was released on 2023-06-23 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides an analytical exposition of the law concerning directors’ liability for the losses sustained by their companies’ creditors, when the directors’ companies are in financial distress or become insolvent. It is a detailed one-stop resource for obtaining a good understanding of the law which has developed from legislation and case law. In particular, there is a detailed consideration of what needs to be proved, what defences there are, and what might be the issues of concern for all parties. A doctrinal method is adopted and there is extensive analysis of the relevant legislation and case law. Rather than merely referring to cases to support propositions, the discussion considers many of the cases in context and in depth and their relevance to the aim of the book. The book also endeavours to provide views, in a practical way, on aspects of the law and it identifies problems and how they may be addressed. Of interest to legal practitioners and insolvency practitioners alike, in addition the book will be useful to directors, government officials and academics.
Book Synopsis Legal Capital in Europe by : Marcus Lutter
Download or read book Legal Capital in Europe written by Marcus Lutter and published by Walter de Gruyter. This book was released on 2011-12-22 with total page 713 pages. Available in PDF, EPUB and Kindle. Book excerpt: Europe has known very different systems of company laws for a long time. These differences do not only pertain to the board structures of public companies, where single-tier and two-tier structures can be distinguished, they also pertain to the principles of fixed legal capital. Fixed legal capital is not a traditional ingredient of English and Irish company law and had to be incorpo-rated into these legal systems (only) for public limited companies according to the Second European Company Law Directive of 1976. Both jurisdictions have never really embraced these rules. Against this background, the British Accounting Standards Board (ASB) and the Company Law Centre at the British Institute of International and Comparative Law (BIICL) have initiated and supported a study of the benefits of this legal system by a group of experts led by Jonathan Rickford. The report of this group has been published in 2004. Its result was that legal capital was costly and superfluous; hence, the Second Directive should be repealed. The British government has adopted this view and wants the European Commission to act accordingly. Against this background a group of German and European company law experts, academics as well as practitioners, have come together to scrutinise sense and benefits of fixed legal capital and all its specific elements guided by the following questions: What is the relevant legal concept supposed to achieve? What does it achieve in reality? What criticisms are there? Which proposals or alternatives are available? From the outset the group of experts has endeavoured to cooperate with foreign colleagues, which resulted in very fruitful and pleasant exchanges. This volume contains, besides an executive summary of the results, 16 essays on specific aspects of legal capital in Germany covering also neighbouring fields of law (e.g. accounting, insolvency); 7 reports on fixed legal capital in other jurisdictions (France, Great Britain, Italy, the Netherlands, Poland, Spain and the U.S.A.) addressing the same questions as the essays on German law. The British initiative disapproves of the Second Directive. The Directive does only deal with public limited companies in Europe, which is reflected in the analysis presented here. It is only concerned with the fixed legal capital of public limited companies, not with capital issues of private companies. The study has arrived at a result that differs completely from that of the Rickford group. It verifies the usefulness of the concept of fixed legal capital and wishes to convince the European Commission of the benefits of the Second Company Law Directive.
Book Synopsis Directors' Duties and Liabilities by : Paul J. Omar
Download or read book Directors' Duties and Liabilities written by Paul J. Omar and published by Routledge. This book was released on 2019-10-17 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2000. This text provides fresh and incisive insights to the rules applying in ten major economic jurisdictions within Europe, with respect to directors' legal obligations and liabilities.
Book Synopsis Company Directors' Responsibilities to Creditors by : Andrew Keay
Download or read book Company Directors' Responsibilities to Creditors written by Andrew Keay and published by Routledge. This book was released on 2007-03-12 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pt. A. Introduction -- pt. B. Fraudulent trading -- pt. C. Wrongful trading -- pt. D. A duty to consider the interests of creditors -- pt. E. Theoretical analysis.
Book Synopsis Directors' Liabilities in Case of Insolvency by : Anker Sorenson
Download or read book Directors' Liabilities in Case of Insolvency written by Anker Sorenson and published by Springer. This book was released on 1999-03-05 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rise in the number of cross-border transactions and large insolvencies in free-market countries has brought director liability to the foreground, most notably regarding positions that span multiple jurisdictions and do not involve an active role in management. Directors must be aware of the rules applicable in the countries in which they hold positions, especially where their companies face financial difficulties or insolvency. Numerous differences in the law exist, even between countries close in proximity and those which speak the same language and share the same legal history. The cost of failure to conform to applicable laws may be dire. Numerous factors hamper access to the applicable rules, however: the lack of a multi-national treaty dealing in depth with insolvency, corporate restructuring, or directors' liabilities; the lack of unity in applicable sanctions; the complex and numerous sources of jurisdictional rules (the Insolvency Act, the Corporations Act, and the Criminal Code, or some combination); the lack of jurisdictional consistency in classifying a particular behaviour as illegal; the significant role of a constantly evolving body of case law; and the instructions imposed on public prosecutors by governmental bodies. This book navigates these complexities, making the rules accessible for the reader. It sets out fact patterns which trigger liability in various jurisdictions and offers helpful real-world recommendations in a lucid, straightforward manner. The chapters follow the same basic frame and guidelines for ease of comparison. Lawyers and business people alike will appreciate this clear, practical guidance in a particularly challenging area of the law.
Book Synopsis Company Directors by : Simon Mortimore
Download or read book Company Directors written by Simon Mortimore and published by OUP Oxford. This book was released on 2013-01-24 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second edition of this leading work on company directors has been expanded to cover new areas such as tax and provides even greater analysis on dynamic areas including derivative claims, unfair prejudice litigation, and corruption under the Bribery Act 2010.
Book Synopsis Instruments of EU Corporate Governance by : Hanne S. Birkmose
Download or read book Instruments of EU Corporate Governance written by Hanne S. Birkmose and published by Kluwer Law International B.V.. This book was released on 2022-12-09 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Company Law Series, Volume 19 Compelling new perspectives on corporate governance – including attention to increased shareholder engagement, long-term value creation, and sustainability – have given rise to major changes in the management of companies. Yet, until this book, there has been no systematic account of the legislative and soft law instruments designed to promote good corporate governance practices across the range of sizes and types of companies. The book analyses the various instruments that legislators and others have used to promote good corporate governance in European companies and assesses their value in practice. Nineteen well-known scholars of business and corporate law delve into how such issues and topics as the following are approached across the spectrum of corporate governance instruments available in Europe: corporate codes of conduct; procedural rules regulating how directors make decisions; rules on board composition and remuneration; regulating boards in small- and medium-sized enterprises; public enforcement of directors’ duties; how digitalisation may affect implementation of corporate governance instruments; reporting rules; rules on the empowerment of minority shareholders; the role of the general meeting; regulation of the market for corporate control; certifications; rules on liability of directors; and role of auditors and accountants. In its in-depth analysis of the benefits and potential disadvantages of each instrument and what may be achieved both at company level and generally, this book will prove of value to all concerned with promoting responsible corporate governance, whether in business, government, or academia.
Book Synopsis Duties and Liability of Directors and Shareholders Under Netherlands Law:Piercing the Corporate Veil by : Hans A. de Savornin Lohman
Download or read book Duties and Liability of Directors and Shareholders Under Netherlands Law:Piercing the Corporate Veil written by Hans A. de Savornin Lohman and published by Springer. This book was released on 1996-10-04 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new publication focuses on the liability of shareholders and on the doctrine of piercing the corporate veil. Since the beginning of the 1980s this area of law has been the subject of extensive legislative and judicial development. This book deals primarily with the area of civil liability, towards both the corporation and third parties, including the trustee in bankruptcy. It also contains a chapter on criminal liability of managing and supervisory directors. In addition, The book discusses the EC Fifth Company Law Directive and liability insurance. Because questions of directors' and shareholders' liability rely heavily on the facts of each specific case, The book summarizes not only the relevant statutory provisions, but also a great number of court decisions. Relevant literature is referred to only to a limited extent. This practical guide will be of use to managing directors, supervisory directors, shareholders, legal practitioners, trustees in bankruptcy, The tax authorities, accountants, business consultants, insurance companies and creditors of insolvent corporations.
Book Synopsis Directors’ Liability: A Worldwide Review by : Alexander Loos
Download or read book Directors’ Liability: A Worldwide Review written by Alexander Loos and published by Kluwer Law International B.V.. This book was released on 2016-09-01 with total page 674 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Company Director by : Peter Loose
Download or read book The Company Director written by Peter Loose and published by . This book was released on 1993 with total page 660 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :Katja Lührmann Publisher :Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften ISBN 13 :9783899756609 Total Pages :0 pages Book Rating :4.7/5 (566 download)
Book Synopsis Liabilities of Corporate Directors Under English Law by : Katja Lührmann
Download or read book Liabilities of Corporate Directors Under English Law written by Katja Lührmann and published by Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften. This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Liability risk for corporate directors has never been higher than today. Increasingly people are concerned that suitably qualified individuals may be deterred from accepting positions as company directors. But what makes corporate directors so vulnerable? Corporate directors are finding their decisions and actions scrutinized by an ever-growing list of powerful and active parties. Keeping the government, shareholders, creditors, employees, customers and even competitors satisfied is a formidable challenge. Decisions made in the boardroom are being questioned with greater frequency by those outside their walls. If something goes wrong, critics do not just scrutinize, they take action, formally challenging management decisions and actions in court or through regulatory channels. Under UK Law alone there are more than 250 areas of statutory liability. But the danger does not end there. As companies expand and open offices abroad, they encounter regulations and exposures which they are usually unfamiliar with. The business opportunities are good, but the risk of being sued is very high. This book focuses on the liabilities of corporate directors under English Law. It wants to clarify questions like what the potential personal liabilities for directors are or how directors can limit their exposure to liabilities.
Book Synopsis A Practitioner's Guide to Directors' Duties and Responsibilities by : Timothy Sean Boxell
Download or read book A Practitioner's Guide to Directors' Duties and Responsibilities written by Timothy Sean Boxell and published by . This book was released on 2018-10-31 with total page 626 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in its 15th edition, Lowndes & Rudolf sets out, analyses and comments on the York-Antwerp rules, which govern the principle of general average in maritime law.
