Directors Duties In The Context Of Insolvency
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Directors Duties In The Context Of Insolvency
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Author : Julia Honds
language : en
Publisher: GRIN Verlag
Release Date : 2007-12-17
Directors Duties In The Context Of Insolvency written by Julia Honds and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-12-17 with Law categories.
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, 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.
Directors Duties In The Context Of Insolvency
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Author : Julia Kusen
language : en
Publisher:
Release Date : 2006
Directors Duties In The Context Of Insolvency written by Julia Kusen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Directors of corporations categories.
Directors Duties And Liabilities
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Author : Paul J. Omar
language : en
Publisher: Routledge
Release Date : 2018-10-24
Directors Duties And Liabilities written by Paul J. Omar and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-24 with Law categories.
This title was first published in 2000. The law relating to directors’ duties has fundamental implications across the business environment and yet few areas of business law have received so little detailed examination. This text provides fresh and incisive insights to the rules applying in ten major economic jurisdictions within Europe, with respect to directors’ legal obligations and liabilities. Written by the foremost figures in the field, each contribution outlines the statutory provisions that affect the work of company directors in each jurisdiction, including general legislation and specific laws covering the status of incorporated bodies. Fully illustrated with case-law examples the book provides a guide to the range of measures which national courts may provide for participants in corporate life seeking remedies for unsatisfactory governance of companies. It also features guidance on the specific bases for criminal and civil liabilities and examples of the range of penalties to which directors might be subject. The result is a work of unprecedented detail which will be welcomed by practitioners in the corporate sector, academics and researchers alike.
Directors Duties During Insolvency
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Author : Helen Horsington
language : en
Publisher:
Release Date : 2001
Directors Duties During Insolvency written by Helen Horsington and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Bankruptcy categories.
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.
Company Directors Responsibilities To Creditors
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Author : Andrew Keay
language : en
Publisher: Routledge
Release Date : 2007-03-12
Company Directors Responsibilities To Creditors written by Andrew Keay and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-03-12 with Law categories.
Pt. A. Introduction -- pt. B. Fraudulent trading -- pt. C. Wrongful trading -- pt. D. A duty to consider the interests of creditors -- pt. E. Theoretical analysis.
Directors Duties During Insolvency
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Author : Allens Arthur Robinson
language : en
Publisher:
Release Date : 2007
Directors Duties During Insolvency written by Allens Arthur Robinson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Bankruptcy categories.
Provides an overview of the theoretical framework of directors' duties and the ways in which breach of such duties may be utilised to recover money for distribution to unsatisfied creditors of insolvent companies. Comments on recent developments such as the report published by the Federal Corporate and Markets Advisory Committee (CAMAC), Corporate Duties Below Board Level, which recognises the realities of modern corporate structures and the fact that many significant decisions are made by managers without reference to the board.
Company Directors Liability And Creditor Protection
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Author : Andrew Keay
language : en
Publisher: Taylor & Francis
Release Date : 2023-06-23
Company Directors Liability And Creditor Protection written by Andrew Keay and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-06-23 with Law categories.
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.
The Company Director
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Author : Peter Loose
language : en
Publisher:
Release Date : 1993
The Company Director written by Peter Loose and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Directors of corporations categories.
Company Directors 4th Edition
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Author : Arnold
language : en
Publisher:
Release Date : 2024-01-25
Company Directors 4th Edition written by Arnold and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-01-25 with categories.
This is the fourth edition of the established authority on company directors comprehensively covering directors' duties and liabilities, and associated remedies.
Insolvency And Directors Duties
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Author : BILL. BOONE
language : en
Publisher:
Release Date : 2016
Insolvency And Directors Duties written by BILL. BOONE and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with categories.