Directors' Duties in the Context of Insolvency

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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

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Author :
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.

Company Directors' Responsibilities to Creditors

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Author :
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.

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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 During Insolvency

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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 in Canada

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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:

Directors' Duties and Liabilities

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Author :
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.

Company Directors

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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.

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

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Author :
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.

A Practitioner's Guide to Directors' Duties and Responsibilities

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Publisher :
ISBN 13 : 9780414028241
Total Pages : 522 pages
Book Rating : 4.0/5 (282 download)

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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 2013 with total page 522 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title provides practical advice and guidance on the many and varied responsibilities of UK company directors. The 5th edition has been updated to cover the Enterprise and Regulatory Reform Bill, revisions to the Market Abuse Directive, the UK Corporate Governance Code and other developments.

Comparative Company Law

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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.

Aktiengesetz

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Publisher :
ISBN 13 :
Total Pages : 332 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Aktiengesetz by : Germany

Download or read book Aktiengesetz written by Germany and published by . This book was released on 1996 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Fiduciary Obligations in Business

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Publisher :
ISBN 13 : 110848512X
Total Pages : 375 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Fiduciary Obligations in Business by : Arthur B. Laby

Download or read book Fiduciary Obligations in Business written by Arthur B. Laby and published by . This book was released on 2021-09-09 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading scholars analyze key issues in fiduciary duties in business―one of the most salient applications of fiduciary law and theory.

Insolvency Practitioners

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Publisher : Edward Elgar Publishing
ISBN 13 : 1788973984
Total Pages : 389 pages
Book Rating : 4.7/5 (889 download)

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Book Synopsis Insolvency Practitioners by : Hugh Sims

Download or read book Insolvency Practitioners written by Hugh Sims and published by Edward Elgar Publishing. This book was released on 2020-12-25 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an indispensable and practical overview of the functions and liabilities of the insolvency practitioner (IP), bringing together the expertise of insolvency practitioners and specialist lawyers. It considers the circumstances in which IPs are appointed, their duties and their powers, before offering a detailed investigation into their potential professional liabilities, as well as in-depth guidance to practitioners and advisers as to how claims might be framed and defended.

Insolvency Law and Multinational Groups

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Publisher : Routledge
ISBN 13 : 1000497291
Total Pages : 288 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis Insolvency Law and Multinational Groups by : Daoning Zhang

Download or read book Insolvency Law and Multinational Groups written by Daoning Zhang and published by Routledge. This book was released on 2019-07-30 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The insolvency of multinational corporate groups creates a compelling challenge to the commercial world. As many medium and large-sized companies are multinational companies with operations in different countries, it is important to provide appropriate solutions for the insolvency of these key market players. This book provides a comprehensive overview of the cross-border insolvency theories, practical solutions and regulatory solutions for the insolvency of multinational corporate groups. Whilst the book recognises certain merits of these solutions, it also reveals the limitations and uncertainty caused by them. An analysis of the provisions and tools relating to cross-border insolvency of multinational corporate groups in the new EU Regulation on insolvency proceedings 2015, the UNCITRAL Model Law on cross-border insolvency, the Directive on preventive restructuring frameworks and the Bank Recovery and Resolution Directive 2014, along with a study of directors’ duties, are included in this book. This book focuses on the insolvency and rescue of non-financial corporate groups. However, it is also important to recognise the similarities and differences between corporate insolvency regimes and bank resolution regimes. In particular, lessons learnt from bank resolution practices may be useful for non-financial corporate groups. This book aims to provide an in-depth examination of the existing solutions for the insolvency of multinational corporate groups. It also aims to view cross-border insolvency of corporate groups within a broad context where all relevant regimes and theories interact with each other. Therefore, directors’ duties in the vicinity of insolvency, preventive insolvency proceedings, procedural consolidation, international cooperative frameworks and bank resolution regimes are considered together. This book may appeal to academics, students and practitioners within the areas of corporate law, cross-border insolvency law and financial law.

Directors’ Liability: A Worldwide Review

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041158529
Total Pages : 674 pages
Book Rating : 4.0/5 (411 download)

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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.

About the Liabilities and Duties of the Directors of an Insolvent Company in the Finnish Law

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Publisher :
ISBN 13 : 9789521001130
Total Pages : 79 pages
Book Rating : 4.0/5 (11 download)

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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: