Disqualification And Personal Liability Of Directors
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| Author | : Jean Jacques du Plessis |
| Publisher | : Routledge |
| Total Pages | : 244 |
| Release | : 2017-04-28 |
| Genre | : Business & Economics |
| ISBN | : 1351795988 |
This book provides a clear overview of the legal rules relating to directors’ disqualification in Australia, Germany, South Africa, the UK and the US, and to highlight the differences in the disqualification regimes of these jurisdictions. The book seeks to determine whether disqualification on application should be developed further as a corporate law and corporate governance tool to ensure that individuals who have a proven record of posing a particular risk to the business community, shareholders and creditors, are indeed disqualified from being directors. The book is unique as it provides a single source where the disqualification regimes of all these jurisdictions are explored and compared. The book will appeal to scholars of corporate law, regulators and policy-makers. The book will also be of particular interest to senior managers and directors to determine precisely what the laws regarding disqualification of company directors are, and what type of behaviour might expose them to potential disqualification.
| 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 | : Helen Anderson |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 354 |
| Release | : 2008-01-01 |
| Genre | : Law |
| ISBN | : 9041126740 |
This collection of essays describes and analyzes the legal regimes governing directors' liability for corporate fault and default across eleven important trading jurisdictions.
| Author | : American Bar Association. House of Delegates |
| Publisher | : American Bar Association |
| Total Pages | : 216 |
| Release | : 2007 |
| Genre | : Law |
| ISBN | : 9781590318737 |
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
| 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 | : Charles Wild |
| Publisher | : Pearson UK |
| Total Pages | : 989 |
| Release | : 2019 |
| Genre | : Corporation law |
| ISBN | : 129224609X |
| Author | : Alexander Loos |
| Publisher | : International Bar Association |
| Total Pages | : 595 |
| Release | : 2016 |
| Genre | : Law |
| ISBN | : 9789041158352 |
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. 0Covering 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. 0The 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. 0Where 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.
| Author | : L. S. Sealy |
| Publisher | : |
| Total Pages | : 150 |
| Release | : 2000 |
| Genre | : Bankruptcy |
| ISBN | : 9780863255366 |
Disqualification and Personal Liability of Directors is a handbook explaining in clear and straightforward terms the rules and practice relating to director disqualification, the imposition of personal liability on directors and the rules restricting wrongful trading. The book is not only a handbook for the insolvency or company law specialist, but aids compliance with the law and can be used in: . Investigations of possible breaches of the law. Preparation of reports on the financial health of a company. The handling of cases
| Author | : Alice Belcher |
| Publisher | : Routledge |
| Total Pages | : 241 |
| Release | : 2014-02-24 |
| Genre | : Law |
| ISBN | : 1134445229 |
Directors are key decision-makers in any organisation, whether it is in the public sector, a family business or a transnational company. The UK Companies Act 2006 codified directors’ duties for the first time and describes the director as the ‘most likely to promote the success of the company for the benefit of its members as a whole’. This book addresses key tensions and problems involved in the duties and responsibilities of the director in promoting success, including corporate culture and credibility, trust, risk and uncertainty, collective responsibility, and the degree of control. The book considers directors’ decision-making in both private and public sector organisations and explicitly examines aspects of decision-making during periods of financial distress. The book compares the legal contexts of director’s decisions in the UK to those of the USA, Germany and Australia, and takes an interdisciplinary approach in its combination of management theory, economic theory and behavioural studies. In doing so the book addresses issues key to the understanding of corporate governance in light of recent financial crises.
| Author | : Stephen Griffin |
| Publisher | : Hart Publishing |
| Total Pages | : 0 |
| Release | : 1999-03-19 |
| Genre | : Law |
| ISBN | : 9781841130750 |
Foreword by Rt. Hon Mary Arden,D.B.E. The purpose of this new work is to provide an in-depth analysis of circumstances giving rise to the disqualification and personal liability of directors of insolvent companies. By way of introduction, the book commences by considering the legal indentification of a company director and the general corporate responsibilities and duties expected from a director of an insolvent company. Following the introduction, the first part of the work is devoted to an examination of the statutory provisions which may potentially render a director to be made personally liable to contribute to the debts and liabilities of an insolvent company. Accordingly, Part I of this book considers the law governing misfeasance proceedings, fraudulent trading, wrongful trading, phoenix companies and the misuse of corporate names under section 349(4) of the Companies Act 1985. Part II of the book involves an examination of the disqualification process under the Company Directors Disqualification Act 1986. The ability and powers of the courts to impose disqualification orders have generated an abundance of case law. Part II commences with a general analysis of the disqualification process before moving on to specifically concentrate its attention on section 6 of the Act, namely the disqualification of directors for unfit conduct. The final chapter of the work involves an analysis of the procedural aspects of the disqualification process. Table of Contents Part I - Personal Liability of Company Directors Chapter 1 - Introduction Chapter 2 - Misfeasance Proceedings Chapter 3 - Fraudulent Trading Chapter 4 - Wrongful Trading Chapter 5 - The Phoenix Syndrome Chapter 6 - Section 349(4) of the Companies Act 1985 Part II - Disqualification of Company Directors Chapter 7 - The Company Directors Disqualification Act 1986 Chapter 8 - Disqualification for Unfit Conduct in the Management of an Insolvent Company (section 6, CDDA 1986) Chapter 9 - Procedural and Evidential Matters Pertinent to the CDDA 1986
