Directors Liability A Worldwide Review

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Directors’ Liability: A Worldwide Review

Author : Alexander Loos
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.

Directors' Liability

Author : Alexander Loos
Publisher : Kluwer Law International
ISBN 13 : 9789041125613
Total Pages : 422 pages
Book Rating : 4.1/5 (256 download)

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Book Synopsis Directors' Liability by : Alexander Loos

Download or read book Directors' Liability written by Alexander Loos and published by Kluwer Law International. This book was released on 2006 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: Compiled under the auspices of the International Bar Association, this firstever comparative study of a crucial issue in corporate law gives practitioners a unique tool for comparing competing legislative systems in our globalizing economies. Each of more than fifty authors, all of them senior lawyers in major firms, provides a summary on his or her home law on directors liability, As concise and as easy to understand as possible. 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 thirty-four different jurisdictions the authors detail and explain such factors as the following: national legal theories of directors liabilities recent cases dealing with directors liability socio-anthropological issues corporate governance liability issues 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. Jurisdictions in all continents are covered, including all G8 states, The European Community, and sixteen EU Member States. An alphabetical subject index at the end of the book offers not only page numbers but, In addition, abbreviated country names, In order to facilitate finding the appropriate page numbers For The country desired. This one-of-a-kind publication will be of enormous value to legal practitioners, whether in private practice or in the legal departments of one of the globally active companies, As a comprehensive and easy-to-understand first access To The law of foreign jurisdictions on directors liability.

Directors' Liability

Author : Alexander Loos
Publisher : Kluwer Law International
ISBN 13 : 9789041132505
Total Pages : 0 pages
Book Rating : 4.1/5 (325 download)

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Book Synopsis Directors' Liability by : Alexander Loos

Download or read book Directors' Liability written by Alexander Loos and published by Kluwer Law International. This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides a comparative examination of the law on company directors' liabilities in 40 different national jurisdictions and with regards to the European Action Plan (coverage has been expanded for this second edition to such countries as the United Arab Emirates, Mongolia, China, Russia, Ukraine, and Vietnam). The chapters are presented according to a shared template covering such topics as "national basics" and national legal theories of directors' liabilities; recent cases; liability issues regarding who can sue or be sued, thresholds and limitations/caps of liabilities, joint liability/solidarity, derivative actions, class actions, and liability in the event of bankruptcy; indemnification and insurance; and possible future legislation development.

Directors' Liability

Author :
Publisher :
ISBN 13 :
Total Pages : 53 pages
Book Rating : 4.:/5 (11 download)

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Book Synopsis Directors' Liability by :

Download or read book Directors' Liability written by and published by . This book was released on 1991 with total page 53 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Officers' and Directors' Liability

Author :
Publisher :
ISBN 13 :
Total Pages : 744 pages
Book Rating : 4.:/5 (85 download)

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Book Synopsis Officers' and Directors' Liability by :

Download or read book Officers' and Directors' Liability written by and published by . This book was released on 1985 with total page 744 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Officers' and Directors' Liability

Author :
Publisher :
ISBN 13 :
Total Pages : 744 pages
Book Rating : 4.:/5 (85 download)

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Book Synopsis Officers' and Directors' Liability by :

Download or read book Officers' and Directors' Liability written by and published by . This book was released on 1985 with total page 744 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Corporate Governance and Directors' Liabilities

Author : Klaus J. Hopt
Publisher : Walter de Gruyter
ISBN 13 : 3110871114
Total Pages : 476 pages
Book Rating : 4.1/5 (18 download)

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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:

Directors' Liability and Indemnification

Author : Edward Smerdon
Publisher : Globe Law and Business Limited
ISBN 13 :
Total Pages : 392 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Directors' Liability and Indemnification by : Edward Smerdon

Download or read book Directors' Liability and Indemnification written by Edward Smerdon and published by Globe Law and Business Limited. This book was released on 2007 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: The only work of its kind, this new book will be a powerful tool in assisting directors, officers and in-house counsel of national and international companies, and the private practice lawyers advising them, to make well-informed judgements about the risks they are taking.

Directors' and Officers' Liability, 1986

Author : Practising Law Institute
Publisher :
ISBN 13 :
Total Pages : 1086 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Directors' and Officers' Liability, 1986 by : Practising Law Institute

Download or read book Directors' and Officers' Liability, 1986 written by Practising Law Institute and published by . This book was released on 1986 with total page 1086 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Directors' Liability and Indemnificatihb

Author : SMERDON
Publisher :
ISBN 13 : 9781787428362
Total Pages : 0 pages
Book Rating : 4.4/5 (283 download)

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Book Synopsis Directors' Liability and Indemnificatihb by : SMERDON

Download or read book Directors' Liability and Indemnificatihb written by SMERDON and published by . This book was released on 2022-10-31 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the world begins to recover from the global pandemic, companies and individuals are faced with increasing risks and uncertainty. There are stock market fluctuations, heightened international tensions, and the full effects of Brexit which are yet to be felt, as well as India and China emerging as economic superpowers challenging for the first time the supremacy of the United States and EU. Coupled with this is the now daily occurrence of cyber attacks, enhanced scrutiny of cultural perspectives within the business world following the #MeToo and Black Lives Matter movements, and ever-present threat of climate change, this issue now front and centre in boardrooms.Amid all this directors are subject to more legal scrutiny than ever. In the six years since the last edition was published, companies' laws and financial regulations have been updated, and there is more diligent and better resourced enforcement of bribery and corruption laws. Shareholders around the world enjoy more extensive rights to hold directors to account than ever before, and directors are less likely to be forgiven for ignoring their responsibilities. They are looking ever more closely at the protection available to them, through both indemnification and directors' and officers' (D&O) insurance, the latter having recently been through the "hardest" market for decades, with reductions in the amount of cover available and significantly increased premiums, partly as a result of the increase in volume and severity of directors' claims.Nonetheless, the exposures that directors face and the extent to which indemnification and insurance may provide protection around the world are still very nuanced; there can be no "one size fits all" approach. The fourth edition of this title features fully updated contributions from leading legal experts around the world on what directors need to be concerned about in 2022 and beyond, together with the protections available. Each chapter follows a set structure (updated for this edition) which includes commentary on the risks of civil, criminal and regulatory claims against directors, and addresses the availability of indemnification and D&O insurance. New features of this edition include greater scrutiny of criminal vs regulatory liability, forecasting of particular trends, and the insurability of fines and penalties in the jurisdictions covered. The fourth edition also includes new chapters on Jersey and Guernsey (Offshore), Sweden (Nordics) and Saudi Arabia.This title will be an essential reference guide for directors, officers, in-house counsel and private practice lawyers advising them. It will provide a starting point for their assessment of today's legal exposures and assist with the management of their business risks.

Related Party Transactions and Corporate Groups

Author : Ivan Romashchenko
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403517050
Total Pages : 286 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Related Party Transactions and Corporate Groups by : Ivan Romashchenko

Download or read book Related Party Transactions and Corporate Groups written by Ivan Romashchenko and published by Kluwer Law International B.V.. This book was released on 2020-03-06 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a market environment where economic actors conduct themselves as diligent and conscientious managers, the regulation of related party transactions (RPTs) would be largely irrelevant. Unfortunately, the corporate reality is far from an ideal world that is innocent of market abuse and corporate fraud. It remains necessary to protect minority shareholders from the wrongdoings of majority shareholders and to protect all shareholders from opportunistic managerial behaviour. This timely book – the first on the subject since implementation of the European Union’s (EU’s) revised Shareholders’ Rights Directive – provides in-depth analysis of how and to what extent RPTs are covered by existing legal requirements on capital protection and corporate group regulation, highlighting experiences and strategies adopted in Germany, Poland, and the Netherlands as examples for Eastern European countries and in particular Ukraine. Beyond his comparative analysis of the current status, the author offers recommendations for more effective handling of RPTs, investigating such aspects as the following: what constitutes a corporate group and how group issues are regulated in the various legal systems; what constitutes a conflict of interest originating in ownership and control and what types of such conflicts occur; whether RPTs within corporate groups should receive special treatment relative to transactions outside groups; combatting corporate raiding, most often carried out through illegal seizure of corporate assets; approval and disclosure requirements for RPTs; and how information about RPTs is disclosed publicly. Drawing on resources including legislation, case law, scholarship, and intensive discussions with practicing lawyers from several jurisdictions, the author underscores the imperative of establishing limitations and requirements that oblige a company’s officers, shareholders, and other potential related parties to follow certain rules whenever they wish to enter into an RPT. As a contribution to the debate about the convergence between EU corporate law and that of major eastern European states, the book has no peers. Practitioners in both East and West who advise on compliance with regulations for RPTs or represent stakeholders’ interests against abusive RPTs will ensure appropriate remedies and protection mechanisms for their clients.

Innovations in Corporate Governance

Author : Susan Watson
Publisher : Edward Elgar Publishing
ISBN 13 : 1786432854
Total Pages : 264 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis Innovations in Corporate Governance by : Susan Watson

Download or read book Innovations in Corporate Governance written by Susan Watson and published by Edward Elgar Publishing. This book was released on 2017-10-27 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: The world is changing. Old certainties were swept away by the Financial Crisis of 2008. States are grappling with the implications of new thinking about the ways in which the role and nature of corporations should be viewed and therefore regulated. This timely study uses perspectives of scholars from around the world to highlight and provide critical analysis of innovations in corporate governance adopted in a range of jurisdictions, both mature and developing. Due to their primary importance, particular attention is paid to the governance of banks.

Directors' Personal Liability for Corporate Fault

Author : Helen Anderson
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041145060
Total Pages : 352 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Directors' Personal Liability for Corporate Fault by : Helen Anderson

Download or read book Directors' Personal Liability for Corporate Fault written by Helen Anderson and published by Kluwer Law International B.V.. This book was released on 2008-10-22 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: The corporation’s ability to avoid the costs of risks that materialize as a result of its pursuit of profits is a departure from the market model. It can easily be seen as an evasion of the obligations that go with being the un-coercing, freely-acting and choosing ‘invisible hand.’ Dramatic corporate collapses and major human and economic disasters due to bad corporate conduct have strengthened the common sense view that, if the corporate directors and officers have made the deliberate act their own in some way, they may be held responsible on the same basis that liberal law holds all individuals responsible for their intended actions in the non-corporate settings. Accordingly, recent decades have seen an increasing number of statutory interventions worldwide that impose direct responsibilities on directors and other corporate officers in respect of a wide range of regulatory regimes: environmental regulation, occupational health and safety and other employment standards, human rights statutes, transportation regimes, consumer and competition laws, protections for creditors and workers against insolvent trading, and the like. Legitimacy crises have pushed legislators to enlarge the number of responsibilities, to increase the amounts of the fines that may be levied and to make it clear that, in some cases, prison sentences will be imposed. This collection of essays describes and analyzes the legal regimes governing directors’ liability for corporate fault and default across eleven important trading jurisdictions. It asks: Are the reform provisions, especially director duties of ‘due diligence,’ sharply enough aimed to attain the goal of corporate accountability? Will it be easy or difficult for defendants to establish that due diligence was exercised? Is it possible that more reliance on self-policing may lead to less documenting and reporting of wrongs and dangers? What impact may schemes of greater self-monitoring have on State regulation? In what ways might corporations react to these demands that they become guardians of the public weal? The authors – each an authority in his or her respective jurisdiction – recognize that the reforms are a reaction to the political problems created by the ill fit of the corporation with the economic and political value systems that we purport to hold dear. As they survey the ways that vibrant economies can frame laws to influence the conduct of directors and companies, they invite further exploration into the political, economic, practical, and evolutionary factors that may explain the convergence and divergence of both statute law and judicial doctrines and the desirability or inevitability of this deeply significant trend.

European Developments in Corporate Criminal Liability

Author : James Gobert
Publisher : Taylor & Francis
ISBN 13 : 1136741518
Total Pages : 381 pages
Book Rating : 4.1/5 (367 download)

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Book Synopsis European Developments in Corporate Criminal Liability by : James Gobert

Download or read book European Developments in Corporate Criminal Liability written by James Gobert and published by Taylor & Francis. This book was released on 2011-06-10 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: When corporations carry on their business in a grossly negligent manner, or take a cavalier approach to risk management, the consequences can be catastrophic. The harm may be financial, as occurred when such well-regarded companies as Enron, Lehman Brothers, Worldcom and Barings collapsed, or it may be environmental, as illustrated most recently by the Gulf oil spill. Sometimes deaths and serious injuries on a mass scale occur, as in the Bhopal gas disaster, the Chernobyl nuclear explosion, the Paris crash of the Concorde, the capsize of the Herald of Free Enterprise, and rail crashes at Southall, Paddington and Hatfield in England.What role can the law play in preventing such debacles and in punishing the corporate offenders? This collection of thematic papers and European country reports addresses these questions at both a theoretical and empirical level. The thematic papers analyse corporate criminal liability from a range of academic disciplines, including law, sociology/criminology, economics, philosophy and environmental studies, whilst the country reports look at the laws of corporate crime throughout Europe, highlighting both common features and irreconcilable differences between the various jurisdictions.

Directors' and Officers' Liability Insurance

Author : Ian Youngman
Publisher : CRC Press
ISBN 13 : 9780849317965
Total Pages : 256 pages
Book Rating : 4.3/5 (179 download)

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Book Synopsis Directors' and Officers' Liability Insurance by : Ian Youngman

Download or read book Directors' and Officers' Liability Insurance written by Ian Youngman and published by CRC Press. This book was released on 1999-07-15 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: In our increasingly litigious society, no company can afford to be without directors' and officers' liability insurance. To the author, whose involvement with this form of liability insurance dates from its earliest introduction, the rapid growth in demand comes as no surprise. The current rule seems to be: If you can't sue the person you thought responsible, keep on filing suits until you hit a target. Directors' and Officers' Liability Insurance scrutinizes new legal developments and case law, new insurers and challenges in ownership, and new types of policy and marketing methods. Each chapter is constructed as a separate module for ease of use and practicality. The author provides the views and experiences of specialist practitioners together with detailed case studies. He also illustrates the links between other forms of insurance and their relationship with international company law. A well designed liability policy will go a long way in managing the potential liabilities that directors' and officers' face as they deliver their services to their clients. Directors' and Officers' Liability Insurance provides a comprehensive source of information useful to brokers and other professionals worldwide. This book is a necessity for any broker who has dealings with major companies, and for underwriters of companies moving into this sector. Features

Tort Law in France

Author : Jonas Knetsch
Publisher : Kluwer Law International B.V.
ISBN 13 : 940353575X
Total Pages : 310 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Tort Law in France by : Jonas Knetsch

Download or read book Tort Law in France written by Jonas Knetsch and published by Kluwer Law International B.V.. This book was released on 2021-08-20 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in France. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person’s most fundamental rights on a worldwide scale. Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered. The work gives an extensive picture of the current state of law and a first indication on the future French tort law, based on the last Government proposal for a comprehensive reform of the civil liability rules. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers in France. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.

Corporate Governance and Economic Development

Author : Anna Lanoszka
Publisher : Taylor & Francis
ISBN 13 : 0429812124
Total Pages : 189 pages
Book Rating : 4.4/5 (298 download)

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Book Synopsis Corporate Governance and Economic Development by : Anna Lanoszka

Download or read book Corporate Governance and Economic Development written by Anna Lanoszka and published by Taylor & Francis. This book was released on 2022-07-14 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the links between different corporate governance systems and their impact on economic development. It focuses on how institutional reforms, legislative changes and codified measures have influenced performance at the firm and country level. Drawing on detailed cases from the UK, USA, China, India, Poland, Brazil, Russia and South Africa, this book takes a truly international and comparative approach to understanding the relationship between regulatory frameworks and economic development. This will be a valuable text for students and researchers of economic development, corporate governance, international political economy, and economic and business history.