Personal Liability and Disqualification of Company Directors

Personal Liability and Disqualification of Company Directors
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

Disqualification and Personal Liability of Directors

Disqualification and Personal Liability of Directors
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

Liability of Corporate Officers and Directors

Liability of Corporate Officers and Directors
Author: William E. Knepper
Publisher: MICHIE
Total Pages: 922
Release: 1978
Genre: Business & Economics
ISBN:

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.

Directors' Personal Liability for Corporate Fault

Directors' Personal Liability for Corporate Fault
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.

Disqualification of Company Directors

Disqualification of Company Directors
Author: Jean Jacques du Plessis
Publisher: Taylor & Francis
Total Pages: 246
Release: 2017-04-28
Genre: Business & Economics
ISBN: 1351795996

Cover -- Half Title -- Title Page -- Copyright Page -- Table of Contents -- Table of cases -- Table of legislation -- List of tables -- About the editors and authors -- Preface -- 1 Analyses, perspectives and jurisdictional overview -- 2 The United Kingdom -- 3 Australia -- 4 South Africa -- 5 The United States -- 6 Germany -- Index

Company Directors

Company Directors
Author: Simon Mortimore
Publisher:
Total Pages: 0
Release: 2017
Genre: Law
ISBN: 9780198754398

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.

Directors & Officers (D & O) Liability

Directors & Officers (D & O) Liability
Author: Simon Deakin
Publisher: Walter de Gruyter GmbH & Co KG
Total Pages: 1072
Release: 2018-02-19
Genre: Law
ISBN: 3110489961

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.

Company Directors

Company Directors
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.