Disqualification Of Company Directors Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of Disqualification Of Company Directors book. This book definitely worth reading, it is an incredibly well-written.
Author : Jean Jacques du Plessis Publisher : Taylor & Francis Page : 246 pages File Size : 49,9 Mb Release : 2017-04-28 Category : Business & Economics ISBN : 9781351795999
Disqualification of Company Directors by Jean Jacques du Plessis Pdf
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
The Disqualification of Company Directors by Abbas Mithani,Sally Wheeler Pdf
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.
Personal Liability and Disqualification of Company Directors by Stephen Griffin Pdf
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
Mithani: Directors' Disqualification by Mark Cunningham,Abbas Mithani,Lance Ashworth,Rebecca Stubbs,Harry Rajak Pdf
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
Disqualification Undertakings by Richard Williams Pdf
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.
Restriction and Disqualification of Directors by Paul R. Dobbyn Pdf
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.
Governance of Distressed Firms by David Milman Pdf
ÔThe corporate governance of companies in financial difficulty is an issue of great importance for the satisfaction in insovlency of the conflicting interests of the various stakeholders. It also raises significant public interest concerns. With analytical skill commensurate with his reputation as a leading corporate law scholar, David Milman has provided a masterly study of this very complex topic that often seems shrouded in mystery to all those outside a narrow circle of insolvency experts. MilmanÕs book is comprehensive, sheds light in many complex and challenging aspects of distressed company governance, and provides a set of insightful proposals for reform of requisite UK law and practice. Clarity of analysis coupled with originality of approach means that this book will be a major addition to corporate law scholarship.Õ Ð Emilios Avgouleas, The University of Edinburgh, UK ÔThis is an important and timely book which makes a really valuable contribution to corporate law scholarship. It brings together for the first time, two crucial aspects of the law in its consideration of the application of corporate governance to firms facing insolvency. In the current environment, this is a book which academics and practitioners alike will find invaluable. Professor Milman is one of EuropeÕs foremost experts in insolvency law and his mastery of the subject is evident in this clear exposition of an important topic. I particularly liked the manner in which Professor Milman fuses theory, law and practice giving the reader the benefit of his own expert insight and experience. His style of writing makes it accessible to all readers.Õ Ð Blanaid Clarke, Trinity College Dublin, Ireland ÔAnglo-American corporate law scholarship focuses obsessively on the governance of large, public corporations. It has little to say about the governance of financially distressed firms and less still to say about the governance of small businesses, even though SMEs are the bedrock of any functioning national or regional economy. In the Governance of Distressed Firms, David Milman, one of the UKÕs leading and most influential commercial law scholars, redresses the balance. His original and timely book provides a critique of the current legal framework applicable to directors and insolvency practitioners together with a blueprint for reform. Informed by practical and comparative insights, it deserves to be widely read.Õ Ð Adrian J. Walters, IIT Chicago-Kent, US ÔThis is a bold and exciting monograph, which breaks new ground in exploring the concept of corporate governance as applied to and within insolvent firms, concentrating mainly on small firms. Intellectually acute, with deep comparative insights, Governance of Distressed Firms also has indisputable practical value, especially given the huge growth in the commitment, by dozens of countries, to business rescue and reorganization. Scholars and practitioners alike will be very indebted to David Milman for this volume.Õ Ð Harry Rajak, University of Sussex, UK This detailed book examines how the law can provide a discrete governance regime for financially distressed firms. The concept of a distressed firm covers businesses that are struggling, but have not yet entered formal insolvency, as well as those businesses that are undergoing a formal insolvency process. With reference primarily to English law, this study encompasses both limited liability companies and limited liability partnerships with a focus on the regulation both of company directors and insolvency practitioners. It offers recommendations for improvements in governance mechanisms and notes that many of the governance shortfalls that occur can be related to the ease of access given to those who wish to trade with the benefit of limited liability. Providing an up to date analysis in a fast evolving area of law, this book will appeal to academics, postgraduate students, practitioners and policy makers.
Vanessa Finch provides an interesting look at corporate insolvency laws and processes. She adopts an interdisciplinary approach to place two questions at the centre of her discussion. Are current UK laws and procedures efficient, expert, accountable and fair? Are fundamentally different conceptions of insolvency law needed for it to develop in a way that serves corporate and broader social ends? Topics considered in this wide-ranging book include different ways of financing companies, causes of corporate failure and prospects for designing rescue-friendly processes. Also examined are alternative asset distribution of failed companies, allocations of insolvency risks and effects of insolvency on a company's directors and employees. Finch argues that changes of approach are needed if insolvency law is to develop with coherence and purpose. This book will appeal to academics and students at advanced undergraduate and graduate level, and to legal practitioners throughout the common law world.
