Directors Duties During Insolvency

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Directors' Duties in the Context of Insolvency

Author : Julia Honds
Publisher : GRIN Verlag
ISBN 13 : 363887740X
Total Pages : 61 pages
Book Rating : 4.6/5 (388 download)

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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 with total page 61 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, 59 entries in the bibliography, 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.

Directors' Duties During Insolvency

Author : Allens Arthur Robinson
Publisher :
ISBN 13 : 9780455223490
Total Pages : 0 pages
Book Rating : 4.2/5 (234 download)

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Book Synopsis Directors' Duties During Insolvency by : Allens Arthur Robinson

Download or read book Directors' Duties During Insolvency written by Allens Arthur Robinson and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an overview of the theoretical framework of directors' duties and the ways in which breach of such duties may be utilised to recover money for distribution to unsatisfied creditors of insolvent companies. Comments on recent developments such as the report published by the Federal Corporate and Markets Advisory Committee (CAMAC), Corporate Duties Below Board Level, which recognises the realities of modern corporate structures and the fact that many significant decisions are made by managers without reference to the board.

Directors' Duties During Insolvency

Author : Helen Horsington
Publisher :
ISBN 13 : 9780455218083
Total Pages : 350 pages
Book Rating : 4.2/5 (18 download)

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Book Synopsis Directors' Duties During Insolvency by : Helen Horsington

Download or read book Directors' Duties During Insolvency written by Helen Horsington and published by . This book was released on 2001 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most significant duty imposed on directors in the context of insolvency is the statutory duty to prevent insolvent trading contained in s588G of the Corporations Law. Duties are also owed to the company by Company secretaries, receivers, administrators, administrators of a Deed of Company Arrangement and liquidators. With Australia moving into uncertain economic times, these duties warrant careful attention by directors, officers and their advisers. "Directors' Duties During Insolvency" provides an invaluable roadmap through the rapidly changing landscape of statute and case law in the field.

Directors' Duties and Liabilities

Author : Paul J. Omar
Publisher : Routledge
ISBN 13 : 1351746774
Total Pages : 143 pages
Book Rating : 4.3/5 (517 download)

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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 2018-10-24 with total page 143 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2000. The law relating to directors’ duties has fundamental implications across the business environment and yet few areas of business law have received so little detailed examination. 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. Written by the foremost figures in the field, each contribution outlines the statutory provisions that affect the work of company directors in each jurisdiction, including general legislation and specific laws covering the status of incorporated bodies. Fully illustrated with case-law examples the book provides a guide to the range of measures which national courts may provide for participants in corporate life seeking remedies for unsatisfactory governance of companies. It also features guidance on the specific bases for criminal and civil liabilities and examples of the range of penalties to which directors might be subject. The result is a work of unprecedented detail which will be welcomed by practitioners in the corporate sector, academics and researchers alike.

Directors' Duties in Canada

Author : Barry J. Reiter
Publisher : CCH Canadian Limited
ISBN 13 : 9781553676935
Total Pages : 604 pages
Book Rating : 4.6/5 (769 download)

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Book Synopsis Directors' Duties in Canada by : Barry J. Reiter

Download or read book Directors' Duties in Canada written by Barry J. Reiter and published by CCH Canadian Limited. This book was released on 2006 with total page 604 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Company Directors' Responsibilities to Creditors

Author : Andrew Keay
Publisher : Routledge
ISBN 13 : 1135390339
Total Pages : 726 pages
Book Rating : 4.1/5 (353 download)

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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 726 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely work is the first to comprehensively examine directors' responsibilities to creditors in times of financial strife, as well as addressing when these responsibilities arise, and what directors should have to do to ensure that they comply with their obligations. Keay explores the relevant issues from doctrinal, normative and comparative perspectives and addresses the question as to when directors are liable for wrongful trading, fraudulent trading or breach of their duties to creditors and whether directors should be held responsible for the before mentioned. Besides the relevant UK legislation and case law, legislation and case law from Australia, Canada, Ireland and the United States are examined and compared and reforms which take into account the aims and rationale of the relevant legislation as well as creditors' interests are proposed and assessed. Importantly, new approaches for courts which would make the nature of the responsibility and its timing more precise are suggested. Company directors have certain responsibilities to creditors of their companies. In particular, they should avoid fraudulent and wrongful trading and consider, as part of their duties, the interests of creditors when their companies might be, or are, in financial difficulty. The work is precipitated by the lack of coherence in the consideration of wrongful trading and the recent delivery of important cases on fraudulent trading. Also, this timely work is the first to comprehensively examine directors' responsibilities to creditors in times of financial strife, as well as addressing when these responsibilities arise, and what directors should have to do to ensure that they comply with their obligations. Keay explores the relevant issues from doctrinal, normative and comparative perspectives and seeks to address the question as to when directors are liable for wrongful trading, fraudulent trading or breach of their duties to creditors and whether directors should be held responsible for wrongful trading and failing to consider the interests of creditors. Besides the relevant UK legislation and case law, legislation and case law from Australia, Canada, Ireland and the United States are examined and compared, and reforms which take into account the aims and rationale of the relevant legislation as well as creditors' interests are proposed and assessed. Importantly, new approaches for courts which would make the nature of the responsibility and its timing more precise are suggested.

INSOLVENCY AND DIRECTORS DUTIES.

Author : BILL. BOONE
Publisher :
ISBN 13 : 9780414061989
Total Pages : pages
Book Rating : 4.0/5 (619 download)

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Book Synopsis INSOLVENCY AND DIRECTORS DUTIES. by : BILL. BOONE

Download or read book INSOLVENCY AND DIRECTORS DUTIES. written by BILL. BOONE and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Directors' Duties in the Context of Insolvency

Author : Julia Kusen
Publisher :
ISBN 13 :
Total Pages : 108 pages
Book Rating : 4.:/5 (268 download)

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Book Synopsis Directors' Duties in the Context of Insolvency by : Julia Kusen

Download or read book Directors' Duties in the Context of Insolvency written by Julia Kusen and published by . This book was released on 2006 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Company Directors

Author : Simon Mortimore
Publisher :
ISBN 13 : 9780198754398
Total Pages : 0 pages
Book Rating : 4.7/5 (543 download)

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Book Synopsis Company Directors by : Simon Mortimore

Download or read book Company Directors written by Simon Mortimore and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a new edition of the established authority on the law relating to directors of companies incorporated under the UK Companies Acts. The new edition features all important developments in the law including the Small Business, Enterprise and Employment Act 2015 which improves transparency (including requiring directors to be natural persons unless exceptions apply), simplifies company filing requirements, clarifies the application of general duties to shadow directors, modernises directors' disqualification and reforms insolvency law to facilitate proceedings where there has been wrongdoing. There has been a wealth of new case law relevant to directors' duties before the English courts, all of which are analysed and explained, including the Supreme Court decisions in Prest v Petrodel Resources, Jetivia v Bilta (UK), FHR European Ventures v Cedar Capital Partners and Eclairs Group v JKX Oil & Gas, the Court of Appeal decisions in Smithton Ltd v Naggar and Newcastle International Airport v Eversheds as well as the important High Court decisions in Universal Project Management Services v Fort Gilkicker, Madoff Securities International v Raven and the wrongful trading case, Re Ralls Builders. Non-UK cases are also analysed including Weavering Macro Fixed Income Fund Ltd v Peterson in the Cayman Islands' Court of Appeal and the 2016 decision of the Hong Kong Court of Final Appeal Chen v Jason. In keeping with developments in case law and legislation the book now includes expanded coverage of multiple derivatives claims, directors' exposure to third party claims and a new chapter on civil remedies for market abuse. The third edition is a complete reference work on the law relating to company directors and is the first port of call for all serious corporate lawyers and scholars on this subject.

Company Directors

Author : Simon Mortimore
Publisher : OUP Oxford
ISBN 13 : 9780199645312
Total Pages : 0 pages
Book Rating : 4.6/5 (453 download)

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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.

Navigating Today's Environment: The Directors' and Officers' Guide to Restructuring

Author : John William Butler
Publisher : Beard Books
ISBN 13 : 1905773080
Total Pages : 350 pages
Book Rating : 4.9/5 (57 download)

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Book Synopsis Navigating Today's Environment: The Directors' and Officers' Guide to Restructuring by : John William Butler

Download or read book Navigating Today's Environment: The Directors' and Officers' Guide to Restructuring written by John William Butler and published by Beard Books. This book was released on 2010-08 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: A compendium of forty five articles on the restructuring process intended as a guide for corporate directors and officers.

Book Reviews

Author : Jennifer Dickfos
Publisher :
ISBN 13 :
Total Pages : 3 pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis Book Reviews by : Jennifer Dickfos

Download or read book Book Reviews written by Jennifer Dickfos and published by . This book was released on 2013 with total page 3 pages. Available in PDF, EPUB and Kindle. Book excerpt: This review considers two recently published texts, Company Directors' Responsibilities to Creditors by Andrew Keay, hereafter identified as Keay's text, and Directors' Duties During Insolvency by Allens Arthur Robinson, hereafter identified as Allens' text. Where possible comparisons are drawn between the two texts in an attempt to determine if the authors have achieved their stated objectives.At first glance, Keay's text may be pigeonholed as an academic text, while Allens' may be considered an insolvency practitioner's guide. However, both texts contain elements of interest for academics and insolvency practitioners alike.

Director Liability in Agricultural Cooperatives

Author : Douglas Fee
Publisher :
ISBN 13 :
Total Pages : 52 pages
Book Rating : 4.:/5 (89 download)

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Book Synopsis Director Liability in Agricultural Cooperatives by : Douglas Fee

Download or read book Director Liability in Agricultural Cooperatives written by Douglas Fee and published by . This book was released on 1984 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Uncitral Legislative Guide on Insolvency Law

Author :
Publisher :
ISBN 13 : 9789210557160
Total Pages : 0 pages
Book Rating : 4.5/5 (571 download)

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Book Synopsis Uncitral Legislative Guide on Insolvency Law by :

Download or read book Uncitral Legislative Guide on Insolvency Law written by and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction to part three -- General features of enterprise groups -- Addressing the insolvency of enterprise groups: Domestic issues -- Addressing the insolvency of enterprise groups: International issues -- Decision of the United Nations commission on international trade law on part three and general assembly resolution 65/24

Company Directors' Liability and Creditor Protection

Author : Andrew Keay
Publisher : Taylor & Francis
ISBN 13 : 0429561202
Total Pages : 398 pages
Book Rating : 4.4/5 (295 download)

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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.

Research Handbook on Directors' Duties

Author : Adolfo Paolini
Publisher :
ISBN 13 : 9781784711511
Total Pages : 0 pages
Book Rating : 4.7/5 (115 download)

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Book Synopsis Research Handbook on Directors' Duties by : Adolfo Paolini

Download or read book Research Handbook on Directors' Duties written by Adolfo Paolini and published by . This book was released on 2016-05-27 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Directors' duties and liabilities have become the centre of a general legal discussion following the 2008 financial scandal that resulted in global recession. Questions have arisen regarding the ways in which the directors of the world's major financial institutions have handled their duties and how their decisions have impacted investors, shareholders and consumers. This detailed ƒHandbook discusses the nature of the relationship between a company and its directors, assessing issues such as how duties are discharged, liabilities that may arise and what interests directors should consider before embarking on commercial ventures.

Comparative Company Law

Author : Andreas Cahn
Publisher : Cambridge University Press
ISBN 13 : 1107186358
Total Pages : 1095 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Comparative Company Law by : Andreas Cahn

Download or read book Comparative Company Law written by Andreas Cahn and published by Cambridge University Press. This book was released on 2018-10-04 with total page 1095 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents in-depth, comparative analyses of German, UK and US company laws illustrated by leading cases, with German cases in English translation.