Download or read book Disqualification of Company Directors written by Jean Jacques du Plessis and published by Routledge. This book was released on 2017-04-28 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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 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 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 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 Company Directors Disqualification H L A Bill Intituled an Act to Consolidate Certain Enactments Relating to the Disqualification of Persons from Being Directors of Companies and from Being Otherwise Concerned with a Company s Affairs written by Great Britain. Parliament. House of Commons and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Ethics and enterprise written by Bryan Gladstone and published by . This book was released on 1997 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

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 Mithani and Wheeler written by Abbas Mithani and published by Tolley. This book was released on 1998-09 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Business Ethics and Corporate Governance written by Fernando A.C. and published by Pearson Education India. This book was released on 2010-09 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Restriction and Disqualification of Directors written by Paul R. Dobbyn and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This compilation of over 60 recorded decisions of s.150 decisions, highlighting the relevant facts and decisions in each case will be of valuable assistance to practitioners in providing guidance as to what conduct the courts consider as falling foul of the section.

Download or read book Company Directors Disqualification Act 1986 and Disqualified Directors written by Great Britain. Insolvency Service and published by . This book was released on 2004 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Abuse of Companies written by Hanne S. Birkmose and published by Kluwer Law International B.V.. This book was released on 2019-09-05 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whether the corporate form is used to avoid liabilities or cover illegal acts, or whether abuse is practised to obtain certain advantages, the subject of this first-ever in-depth survey and analysis garners more attention every day – both in legal literature and in popular media. Taken together, the authoritative contributions in this book clearly and comprehensively reveal typical situations where abuse may take place and how company law and other areas of law have tackled these incidents and practices in a variety of key jurisdictions. Focusing on Europe but with global implications, the topics raised include the following: how group structures may be used by multinational enterprises to escape regulation and avoid taxation; whether the decision to incorporate a company in a particular jurisdiction may be abusive; companies set up for the purpose of money laundering; letterbox companies formed as a front to allow a company to benefit from one legal regime and avoid others; ex post transfers of seats such as cross-border mergers and conversions; when the use of phoenix companies may constitute an abuse of the corporate form; how corporate mobility is used to circumvent worker participation; and how online company formation and technological innovation may foster abuse. This book helps to explain how the line is drawn between abuse and (creative) use of the corporate form. Remedies covered include restricting the use of bearer shares, setting minimum capital requirements, piercing the corporate veil, ensuring transparency of beneficial ownership, using insolvency law to lodge claims against directors and shareholders and recover assets, and applying the general principle prohibiting abuse. There is no other book on the market focusing on abuse of companies and giving such a comprehensive analysis of the topic. Practitioners will get guidelines on how to avoid becoming involved in activities that may constitute abuse and how to address instances where abuse has occurred, and interested academics, legislators, and enforcement authorities in Europe and beyond will find this book’s perspectives invaluable.

Download or read book Company Directors Disqualification Bill NIA Bill 15 written by Northern Ireland. Assembly and published by . This book was released on 2002 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Disqualification and Personal Liability of Directors written by L. S. Sealy and published by . This book was released on 2000 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Download or read book Company Director s Disqualification Northern Ireland Order 2002 and Disqualified Directors written by Northern Ireland. Department of Enterprise, Trade and Investment. Insolvency Service and published by . This book was released on 2003 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Restriction Disqualification of Company Directors written by Gerard Daly and published by . This book was released on 1999 with total page 49 pages. Available in PDF, EPUB and Kindle. Book excerpt: