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Liabilities Of Corporate Directors Under English Law
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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 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.
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 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.
Book Synopsis Liability of Corporate Officers and Directors by : William E. Knepper
Download or read book Liability of Corporate Officers and Directors written by William E. Knepper and published by MICHIE. This book was released on 1978 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 International Liability of Corporate Directors [2007] II by : Christian Campbell
Download or read book International Liability of Corporate Directors [2007] II written by Christian Campbell and published by Lulu.com. This book was released on 2007-10 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.
Book Synopsis International Liability of Corporate Directors [2007] I by : Christian Campbell
Download or read book International Liability of Corporate Directors [2007] I written by Christian Campbell and published by Lulu.com. This book was released on 2007-10-29 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: "International Liability of Corporate Directors", Volume I, 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 II 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.
Book Synopsis Liability of Corporate Directors by : Dennis Campbell
Download or read book Liability of Corporate Directors written by Dennis Campbell and published by Lloyd's of London Press Limited. This book was released on 1993 with total page 882 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative analysis of the law relating to liabilities of corporate directors in major jurisdictions around the world, including Europe, the United States and the Bahamas. The first section of the book introduces the subject of directors' liability and provides a historical perspective. This is followed by a detailed country by country survey which covers: the distinction between directors and officers and the consequences of that distinction; liabilities for contracts for executive directors; the distinction between outside and inside directors and the liabilities and duties that arise in the management of a company; defences available; indemnification; insurance cover; other methods of protection available; limitation on directors' liability and liability in third party actions.
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 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.
Book Synopsis Directors & Officers (D & O) Liability by : Simon Deakin
Download or read book Directors & Officers (D & O) Liability written by Simon Deakin and published by Walter de Gruyter GmbH & Co KG. This book was released on 2018-02-19 with total page 1072 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 The Director's Handbook by : Institute of Directors
Download or read book The Director's Handbook written by Institute of Directors and published by Kogan Page Publishers. This book was released on 2005 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Director's Handbook is published by the Institute of Directors (IoD) in association with law firm Pinsent Masons. It is not a legal text book; it is a practical resource for those who run companies and need to understand the ever-changing legal and regulatory environment in which they operate. All companies - large or small, public or private - and many other organisations too, will find it useful."--BOOK JACKET.
Book Synopsis The Company Director by : Peter Loose
Download or read book The Company Director written by Peter Loose and published by Jordan Pub Limited. This book was released on 2008 with total page 723 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is essential reading for all UK company directors, secretaries, and their advisors. In a single volume, it provides comprehensive coverage of the powers, legal obligations, and responsibilities of UK executive and non-executive company directors. The new edition provides extensive updating on: indemnities for directors --- directors' loans --- disclosure by directors --- new draft model articles --- revised implementation timetable.
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 Liability of Corporate Officers and Directors by : William E. Knepper
Download or read book Liability of Corporate Officers and Directors written by William E. Knepper and published by Lexis Law Publishing (Va). This book was released on 1992 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: This reference offers information needed to avoid legal action. it provides in-depth-analysis of all aspects of director and officer liability, indemnification, D & O liability insurance and insurance alternatives. It directs the reader to hundreds of important court decisions and statutes, and includes D & O policy forms and specimen documents, and checklists.
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