Download or read book About the Liabilities and Duties of the Directors of an Insolvent Company in the Finnish Law written by Heikki Toiviainen and published by . This book was released on 2001 with total page 79 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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.

Download or read book Director and Officer Liability in Corporate Insolvency written by Janis Pearl Sarra and published by Markham, Ont. : Butterworths. This book was released on 2002 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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.

Download or read book Directors Liabilities in Case of Insolvency written by Anker Sorenson and published by Springer. This book was released on 1999-03-05 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rise in the number of cross-border transactions and large insolvencies in free-market countries has brought director liability to the foreground, most notably regarding positions that span multiple jurisdictions and do not involve an active role in management. Directors must be aware of the rules applicable in the countries in which they hold positions, especially where their companies face financial difficulties or insolvency. Numerous differences in the law exist, even between countries close in proximity and those which speak the same language and share the same legal history. The cost of failure to conform to applicable laws may be dire. Numerous factors hamper access to the applicable rules, however: the lack of a multi-national treaty dealing in depth with insolvency, corporate restructuring, or directors' liabilities; the lack of unity in applicable sanctions; the complex and numerous sources of jurisdictional rules (the Insolvency Act, the Corporations Act, and the Criminal Code, or some combination); the lack of jurisdictional consistency in classifying a particular behaviour as illegal; the significant role of a constantly evolving body of case law; and the instructions imposed on public prosecutors by governmental bodies. This book navigates these complexities, making the rules accessible for the reader. It sets out fact patterns which trigger liability in various jurisdictions and offers helpful real-world recommendations in a lucid, straightforward manner. The chapters follow the same basic frame and guidelines for ease of comparison. Lawyers and business people alike will appreciate this clear, practical guidance in a particularly challenging area of the law.

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.

Download or read book Comparative Company Law written by Mathias M Siems and published by Bloomsbury Publishing. This book was released on 2013-02-01 with total page 519 pages. Available in PDF, EPUB and Kindle. Book excerpt: As attention moves rapidly towards comparative approaches, the research and teaching of company law has somehow lagged behind. The overall purpose of this book is therefore to fill a gap in the literature by identifying whether conceptual differences between countries exist. Rather than concentrate on whether the institutional structure of the corporation varies across jurisdictions, the objective of this book will be pursued by focusing on specific cases and how different countries might treat each of these cases. The book also has a public policy dimension, because the existence or absence of differences may lead to the question of whether formal harmonisation of company law is necessary. The book covers 10 legal systems. With respect to countries of the European Union, it focuses on the most populous countries (Germany, France, the UK, Spain, Italy and Poland) as well as two smaller Member States (Finland and Latvia). In addition, the laws of two of the world's largest economies (the US and Japan) are included for the purposes of wider comparison. All of these jurisdictions are subjected to scrutiny by deploying a comparative case-based study. On the basis of these case solutions, various conclusions are reached, some of which challenge established orthodoxies in the field of comparative company law.

Download or read book Personal Liability and Disqualification of Company Directors written by Stephen Griffin and published by Hart Publishing. This book was released on 1999-03-19 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

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.

Download or read book Insolvency written by Law Society of Scotland. Update Committee Seminar and published by . This book was released on 1995 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

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.

Download or read book Duties and Liability of Directors and Shareholders Under Netherlands Law Piercing the Corporate Veil written by Hans A. de Savornin Lohman and published by Springer. This book was released on 1996-10-04 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new publication focuses on the liability of shareholders and on the doctrine of piercing the corporate veil. Since the beginning of the 1980s this area of law has been the subject of extensive legislative and judicial development. This book deals primarily with the area of civil liability, towards both the corporation and third parties, including the trustee in bankruptcy. It also contains a chapter on criminal liability of managing and supervisory directors. In addition, The book discusses the EC Fifth Company Law Directive and liability insurance. Because questions of directors' and shareholders' liability rely heavily on the facts of each specific case, The book summarizes not only the relevant statutory provisions, but also a great number of court decisions. Relevant literature is referred to only to a limited extent. This practical guide will be of use to managing directors, supervisory directors, shareholders, legal practitioners, trustees in bankruptcy, The tax authorities, accountants, business consultants, insurance companies and creditors of insolvent corporations.

Download or read book Directors Liabilities and Responsibilities in English and French Company Law written by Régis De Maintenant and published by . This book was released on 1990 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Personal liabilities of directors of Joint Stock Companies under the Fraudulent Trustees Act 20th and 21st Victoria Cap 54 with remarks on limited liability written by Henry Lloyd Morgan and published by . This book was released on 1858 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Directors Duties During Insolvency written by Helen Horsington and published by . This book was released on 2001 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most significant duty imposed on directors in the context of insolvency is the statutory duty to prevent insolvent trading contained in s588G of the Corporations Law. Duties are also owed to the company by Company secretaries, receivers, administrators, administrators of a Deed of Company Arrangement and liquidators. With Australia moving into uncertain economic times, these duties warrant careful attention by directors, officers and their advisers. "Directors' Duties During Insolvency" provides an invaluable roadmap through the rapidly changing landscape of statute and case law in the field.

Download or read book Directors Responsibilities and Liabilities in Insolvency and Pre insolvency Cases written by Oranat Chantara-Opakorn and published by . This book was released on 2012 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book INSOLVENCY AND DIRECTORS DUTIES written by BILL. BOONE and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: