company directors duties liabilities and remedies

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Company Directors

Author : Simon Mortimore
ISBN : 0198754396
Genre : Law
File Size : 72. 84 MB
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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.

The Law On Corporate Governance In Banks

Author : Iris H-Y Chiu
ISBN : 9781782548867
Genre : Law
File Size : 49. 74 MB
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Corporate governance in financial institutions has come under the spotlight since the banking crisis in the UK in 2008-9. In many respects, the banking business raises unique problems for corporate governance that are not found in other corporate secto

Company Law

Author : Brenda Hannigan
ISBN : 9780199608027
Genre : Law
File Size : 34. 76 MB
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Company Law 3e provides an in-depth, sophisticated but readable account of the major topics commonly studied in Company Law courses. Hannigan captures the dynamism of the subject, highlights its relevance and topicality and, above all, helps students master its intricacies.

Comparative Company Law

Author : Mathias M Siems
ISBN : 9781782250746
Genre : Law
File Size : 48. 63 MB
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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.

Company Law In Practice

Author : The City Law School
ISBN : 9780198747390
Genre :
File Size : 55. 65 MB
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Company Law in Practice provides a detailed overview of the salient topics in company law which the junior practitioner is most likely to encounter in the first years of practice. Such key topics covered include the constitution of companies, share and loan capital, directors' and shareholdermeetings, the role and duties of directors, shareholder protection, insolvency and compulsory winding up. An extensive worked example offers students the opportunity to apply their knowledge and refine the legal skills required to be successful in practice.

Company Law In Practice

Author : City Law School Staff
ISBN : 9780198787723
Genre :
File Size : 85. 91 MB
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Company Law in Practice provides a detailed overview of the salient topics in company law which the junior practitioner is most likely to encounter in the first years of practice. Such key topics covered include the constitution of companies, share and loan capital, directors' and shareholdermeetings, the role and duties of directors, shareholder protection, insolvency and compulsory winding up. An extensive worked example offers students the opportunity to apply their knowledge and refine the legal skills required to be successful in practice.

Unlocking Company Law

Author : Sue McLaughlin
ISBN : 9781444166118
Genre : Law
File Size : 70. 44 MB
Format : PDF, Kindle
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Substantial, clear, rigorous and comprehensive ... the new Company Law title in the groundbreaking undergraduate textbook series.

Directors Duties In The Context Of Insolvency

Author : Julia Honds
ISBN : 9783638877404
Genre :
File Size : 71. 86 MB
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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.

The Company Director

Author : Peter Loose
ISBN : 1846611598
Genre : Law
File Size : 60. 39 MB
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Implementation of the Companies Act 2006 is now complete, and with it the spotlight has fallen on the duties of company directors. This makes it more vital than ever that directors are fully aware of the extent of their responsibilities and the penalties awaiting those who are unprepared.The Company Director is essential reading for all company directors, company secretaries and their advisers. It provides comprehensive coverage, in a single volume, of the powers, legal obligations and responsibilities of executive and non-executive company directors. The complex relationships of directors with fellow directors, the company, its employees and shareholders are fully explained.Now in its 11th edition, this well respected and established work has been thoroughly updated to take account of directors' duties that took effect on 01 October 2008:• The duty to avoid conflicts of interest • The duty not to accept benefits from third parties • The obligation to declare an interest in a proposed transaction or arrangement

Fiduciary Duties

Author : Andrew Stafford
ISBN : 1846610915
Genre : Law
File Size : 21. 44 MB
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The law relating to the fiduciary duties owed by directors and employees to companies is complex and involves several overlapping areas of law. It is, however, a relatively commonplace cause of action; individuals in positions of trust within a company are often tempted to abuse their position in order to steal company secrets, set up in competition, and poach staff and customers.Fiduciary duties have historically defied easy characterisation. This area of law as it relates to directors and employees is developing and complex. Directors and employees of companies acting out of self-interest have generated an increasing number of claims alleging breach of fiduciary duty.These claims range from conscious impropriety such as stealing company secrets, receiving bribes, acting in competition with the employer, to the grey area of exploitation of company property, information and opportunities, and to the even greyer area of preparations for future competition with the company. Breach of fiduciary duty can be unwitting but expensive.Fiduciary Duties: Directors and Employees draws together in one volume the law relating to fiduciary duties in this context and analyses both its historical origins and its modern application by the Courts.The book is aimed at commercial and employment lawyers. It provides a description of the present law and a discussion of the direction in which it might develop.

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