Company Directors Responsibilities To Creditors
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Author | : Andrew Keay |
Publisher | : Routledge |
Total Pages | : 726 |
Release | : 2007-03-12 |
Genre | : Law |
ISBN | : 1135390339 |
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.
Author | : Simon Mortimore |
Publisher | : OUP Oxford |
Total Pages | : 0 |
Release | : 2013-01-24 |
Genre | : Law |
ISBN | : 9780199645312 |
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.
Author | : Andrew Keay |
Publisher | : Routledge |
Total Pages | : 422 |
Release | : 2007-03-12 |
Genre | : Law |
ISBN | : 1135390347 |
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.
Author | : Douglas Fee |
Publisher | : |
Total Pages | : 52 |
Release | : 1984 |
Genre | : Agriculture, Cooperative |
ISBN | : |
Author | : Institute of Directors |
Publisher | : Kogan Page Publishers |
Total Pages | : 240 |
Release | : 2010-05-03 |
Genre | : Business & Economics |
ISBN | : 0749462841 |
The Director's Handbook, first published in 2005, filled a gap in the market by providing a practical guide to key issues facing board directors and senior business decision-makers in the UK. Now, with far-reaching changes in directors' duties and other principles of company law, this new edition updates and explains the laws which affect the way every director does their job. It deals with all aspects of a company director's role, duties, responsibilities and liabilities within the context of the current law and good practice. Written by leading experts and fully supported by research findings, this 3rd edition also contains case studies from companies of varying sizes and sectors, plus new chapters on the role of the company secretary plus the latest legal developments in the health and safety arena. The Director's Handbook is the essential reference and source of advice for all new and existing directors, as well as those who aspire to this position.
Author | : |
Publisher | : |
Total Pages | : 0 |
Release | : 2012 |
Genre | : Bankruptcy |
ISBN | : 9789210557160 |
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
Author | : American Bar Association. Committee on Corporate Laws |
Publisher | : American Bar Association |
Total Pages | : 140 |
Release | : 2007 |
Genre | : Business & Economics |
ISBN | : 9781590318508 |
The Corporate Director's Guidebook is recognized as the premier authority on the director's role and the board's functions. It is read, consulted and cited by board members, executives, lawyers and academics nationwide. Now available as a new Fifth Edition, the Guidebook completely updates its fourth edition published in 2004. This new Fifth Edition addresses recent effects the Sarbanes-Oxley Act has had in the corporate governance arena and its impact on the legal responsibilities of directors of public companies.
Author | : Gerard McCormack |
Publisher | : Edward Elgar Publishing |
Total Pages | : 505 |
Release | : 2017-01-27 |
Genre | : Law |
ISBN | : 1786433311 |
Critically analysing the substantive law of insolvency in the EU countries as a whole, this book carries out horizontal cross-cutting analysis of the data gathered from a study of national insolvency laws. It selects particular areas for detailed discussion and considers the pros and cons of particular legislative solutions.
Author | : Robert Baxt |
Publisher | : AICD |
Total Pages | : 292 |
Release | : 2005 |
Genre | : Corporate governance |
ISBN | : 9781876604622 |
"This work covers the most important aspects of a director's duties and responsibilities." --p. ix.
Author | : Andrew Keay |
Publisher | : Taylor & Francis |
Total Pages | : 398 |
Release | : 2023-06-23 |
Genre | : Law |
ISBN | : 0429561202 |
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.