Download or read book Disqualification of Company Directors written by Jean Jacques du Plessis and published by Taylor & Francis. This book was released on 2017-04-28 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
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 Disqualification of Directors written by Andrew Hicks and published by . This book was released on 1998 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Directors Disqualification written by Adrian Walters and published by . This book was released on 1999 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Mithani Directors Disqualification written by LexisNexis and published by Tolley. This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Disqualification of Company Directors written by Abbas Mithani and published by Lexis Law Publishing (Va). This book was released on 1996 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Disqualification of directors is a fast moving area of the law, regulated by a mass of rules and regulations. The effect of a disqualification order being made against an individual can be catastrophic, making it essential for the person advising him to be aware of the steps that can be taken from the earliest stages.
Download or read book Disqualification Undertakings written by Richard Williams and published by Jordan Publishing (GB). This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Company directors found to have committed unfit conduct in the UK are subject to disqualification from directorships. Where a director offers a disqualification undertaking themselves, they avoid a full hearing of the matter and also typically receive a discounted period of disqualification from the UK court. Disqualification Undertakings: Law, Policy and Practice provides authoritative and practical guidance on navigating the undertakings system and the procedures for applying for leave of an undertaking. This is combined with empirical research on reasons cited in schedules of unfit conduct and periods of disqualification, enabling UK practitioners to advise clients on the most effective strategies when negotiating terms of undertakings. With the number of corporate insolvencies likely to rise over the next few years, this is an ideal volume for those advising the increasing number of people disqualified from directorships.
Download or read book Directors Disqualification and Insolvency Restrictions written by Malcolm Davis-White and published by . This book was released on 2015-12-31 with total page 1184 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Principles of Corporate Insolvency Law written by Royston Miles Goode and published by Sweet & Maxwell. This book was released on 2011 with total page 1189 pages. Available in PDF, EPUB and Kindle. Book excerpt: Principles of Insolvency Law is widely regarded as 'the' text on Insolvency law. Professor Sir Roy Goode's reputation as the "doyen of commercial law" has established a unique position for the Work as a leading authority in the field. The book provides a clear and concise treatment of the general philosophical principles underpinning Insolvency law. It works as an introduction to this complex area and as such it has a broad market, ranging from students and newly qualified practitioners to barristers in Court.
Download or read book Comparative Company Law written by Carsten Gerner-Beuerle and published by Oxford University Press. This book was released on 2019-05-06 with total page 1088 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative Company Law provides a systematic and coherent exposition of company law across jurisdictions, augmented by extracts taken from key judgments, legislation, and scholarly works. It provides an overview of the legal framework of company law in the US, the UK, Germany, and France, as well as the legislative measures adopted by the EU and the relevant case law of the Court of Justice. The comparative analysis of legal frameworks is firmly grounded in legal history and legal and economic theory and bolstered by numerous extracts (including extracts in translation) that offer the reader an invaluable insight into how the law operates in context. The book is an essential guide to how company law cuts across borders, and how different jurisdictions shape the corporate lifespan from its formation by way of incorporation to its demise (corporate insolvency) and eventual dissolution. In addition, it offers an introduction to the nature of the corporation, the framework of EU company law, incorporation and corporate representation, agency problems in the firm, rights of stakeholders and shareholders, neutrality and defensive measures in corporate control transactions, legal capital, piercing the corporate veil, and corporate insolvency and restructuring law.
Download or read book Blackstone s Statutes on Medical Law written by Anne E. Morris and published by Oxford University Press, USA. This book was released on 2011-08-11 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is one of a series of statute books designed to provide students with a collection of legislative materials for use throughout their course and for use in the examination hall. This collection on medical law includes both statutory and non-statutory materials.
Download or read book Charity Law Handbook written by and published by Spiramus Press Ltd. This book was released on 2012-06-18 with total page 2212 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an indispensable collection of statutory and non-statutory materials relating to charity law in England and Wales. Revised to coincide with the implementation of the Charities Act 2011 – a major consolidation of the charity law - the Handbook is an essential reference source for charity lawyers, in-house lawyers, academics, charities and voluntary organisations and their trustees. Available as three paperback volumes, CD-ROM or both (the mixed media option). Statutes range from the Preamble to Charitable Uses Act 1601 to the Finance Act 2011. It also includes relevant provisions covering data protection, company law, gambling and lotteries, minimum wages, freedom of information, discrimination, tax and VAT, along with a wide range of statutory instruments and the latest SORP. New legislation since the second edition includes: Income Tax Act 2007 Corporation Tax Act 2009 Perpetuities and Accumulations Act 2009 Academies Act 2010 Bribery Act 2010 Corporation Tax Act 2010 Equality Act 2010 Charities Act 2011 Finance Act 2011 This edition is also available on CD-ROM, making more than 2000 pages of legislation and guidance portable and easy to search.
Download or read book Reform of UK Company Law written by John De Lacy and published by Routledge. This book was released on 2013-03-04 with total page 751 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the completion of the DTI-sponsored Company Law Review, the reform of company law has now become a very important subject of study. This new book is a must for all those interested in the development and reform of UK company law. The book collates the work of leading authorities on company law, including members of the judiciary and the Law Commission, and individuals from the worlds of professional practice and academia. All main areas of company law are covered, including directors' duties; corporate governance; minority protection; ultra vires; company charges; and human rights and the company, as well as a comprehensive analysis of the work of the Company Law Reform Steering Group. The central purpose of this book is to analyze the current state of play and to note, in particular, the work of the Company Law Review Group. Critical analysis and suggestions on how company law should be reformed are also offered.
Download or read book Mithani Directors Disqualification written by Mark Cunningham and published by . This book was released on 1998-12 with total page 2000 pages. Available in PDF, EPUB and Kindle. Book excerpt: The unparalleled authority on directors' disqualification, Mithani has, together with a team of expert practitioners and academics, produced the definitive work on the law relating to disqualification.Available in looseleaf and CD-ROM, Mithani: Directors' Disqualification gives readers the entire law and procedure relating to the disqualification of company directors and is the only work to provide a full explanation of the complex rules that have developed under the Company Directors Disqualification Act 1986. The work also takes account of the impact of the Human Rights Act 1998.The complete service includes a guide to the substantive law and procedure in this area; the essential statutory materials; a newsletter; necessary forms and precedents and cases, included in the accompanying CD. Expanded precedents provide useful short cuts through a complicated area of law and include essential information and research on disqualification periods.Automatically updated four times a year, the CD offers the user a number of additional benefits such as advanced search facilities, speed and ease of use, plus a wealth of additional statutory material including the complete Company Directors Disqualification Act 1986, the Insolvency Act 1986, the Companies Act 1985 and the Companies Act 2006. Extensive hypertext links enable users to jump from page to page between relevant statutory material and precedents - all at the touch of a button.Four looseleaf volumes plus CD-ROM; four service issues per year
Download or read book Partnership Law written by Mark Blackett-Ord and published by Bloomsbury Publishing. This book was released on 2020-06-08 with total page 1425 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides the answers to all the questions that can arise on the formation, operation and dissolution of Partnerships, LPs and LLPs as well as the answers to all questions that can arise in disputes between partners, ex-partners and outsiders. Fully revised and updated this new edition will include coverage of: - The introduction of the Private Fund Limited Partnership (PFLP) in 2017 - Application of discrimination law in the context of partnerships/LLPs: Seldon v Clarkson, Wright and Jakes; Tiffin v Lester Aldridge LLP; Bates v van Winklehof - Interpretation of partnership agreements, what amount to partnership assets and how they should be valued, in the context of the retirement or buy-out of a former partner: Drake v Harvey; Ham v Ham; Ham v Bell - The role, if any, of the doctrine of repudiation in the context of partnerships (Golstein v Bishop) and LLPs (Flanagan v Liontrust Management LLP) - What nature of “business” may constitute a partnership (Bhatti v HMRC) - Impact of changes made to the insolvency regime (including the Insolvency Rules 2016) on insolvency of partnerships and LLPs
Download or read book Legal Capital in Europe written by Marcus Lutter and published by Walter de Gruyter. This book was released on 2006 with total page 716 pages. Available in PDF, EPUB and Kindle. Book excerpt: Europe has known very different systems of company laws for a long time. These differences do not only pertain to the board structures of public companies, where single-tier and two-tier structures can be distinguished, they also pertain to the principles of fixed legal capital. Fixed legal capital is not a traditional ingredient of English and Irish company law and had to be incorpo-rated into these legal systems (only) for public limited companies according to the Second European Company Law Directive of 1976. Both jurisdictions have never really embraced these rules. Against this background, the British Accounting Standards Board (ASB) and the Company Law Centre at the British Institute of International and Comparative Law (BIICL) have initiated and supported a study of the benefits of this legal system by a group of experts led by Jonathan Rickford. The report of this group has been published in 2004. Its result was that legal capital was costly and superfluous; hence, the Second Directive should be repealed. The British government has adopted this view and wants the European Commission to act accordingly. Against this background a group of German and European company law experts, academics as well as practitioners, have come together to scrutinise sense and benefits of fixed legal capital and all its specific elements guided by the following questions: What is the relevant legal concept supposed to achieve? What does it achieve in reality? What criticisms are there? Which proposals or alternatives are available? From the outset the group of experts has endeavoured to cooperate with foreign colleagues, which resulted in very fruitful and pleasant exchanges. This volume contains, besides an executive summary of the results, 16 essays on specific aspects of legal capital in Germany covering also neighbouring fields of law (e.g. accounting, insolvency);7 reports on fixed legal capital in other jurisdictions (France, Great Britain, Italy, the Netherlands, Poland, Spain and the U.S.A.) addressing the same questions as the essays on German law. The British initiative disapproves of the Second Directive. The Directive does only deal with public limited companies in Europe, which is reflected in the analysis presented here. It is only concerned with the fixed legal capital of public limited companies, not with capital issues of private companies. The study has arrived at a result that differs completely from that of the Rickford group. It verifies the usefulness of the concept of fixed legal capital and wishes to convince the European Commission of the benefits of the Second Company Law Directive.
