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Company Directors

Author: Simon Mortimore
Publisher: Oxford University Press, USA
ISBN: 9780198754398
Size: 24.68 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.

Company Law

Author: Brenda Hannigan
Publisher: Oxford University Press, USA
ISBN: 0198722869
Size: 56.80 MB
Format: PDF, ePub
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The fourth edition of Company Law brings clarity and sophisticated analysis to the ever-changing landscape of company law. Hannigan captures the dynamism of the subject, places the material in context, highlights its relevance and topicality, and guides students through all the major areas studied at undergraduate level. The book is divided into five distinct sections covering corporate structure (including legal personality and constitutional issues), corporate governance (including directors' duties and liabilities), shareholders' rights and remedies (including powers of decision-making and shareholder engagement), corporate finance (including share and loan capital), and corporate rescue and restructuring (including liabilities arising on insolvency). The author's accessible writing style and comprehensive approach to the subject makes this an idea textbook for students of company law.

92 94

Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3110387212
Size: 73.25 MB
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Wissenschaftliche Exzellenz mit Tradition: Der Großkommentar zum Aktiengesetz bleibt auch in der 5. Auflage der Garant für wissenschaftlich fundierte und praktisch hochrelevante Information. In 15 Bänden bearbeitet ein hochkarätiges Team aus Wissenschaft und Praxis um die neuen Herausgeber H. Hirte, P. Mülbert und M. Roth das AktG sowie die relevanten Nebengesetze und beleuchtet die Materie von allen Seiten. Ein unverzichtbares Arbeitsmittel! Referenz für wissenschaftlichen Tiefgang und höchste Praxisrelevanz Auf dem neuesten Stand von Gesetzgebung, Rechtsprechung, Wissenschaft und Praxis Zahlreiche konzernrechtliche, kapitalmarktrechtliche und internationale Bezüge

The Law On Corporate Governance In Banks

Author: Iris H-Y Chiu
Publisher: Edward Elgar Publishing
ISBN: 1782548866
Size: 53.93 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

Directors Duties In The Context Of Insolvency

Author: Julia Honds
Publisher: GRIN Verlag
ISBN: 363887740X
Size: 56.86 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.

Comparative Company Law

Author: Mathias M Siems
Publisher: Bloomsbury Publishing
ISBN: 1782250743
Size: 15.80 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.

Directors Duties

Author: Deirdre Ahern
Publisher: Thomson Reuters (Professional) Ireland Limited
ISBN: 9781858005416
Size: 40.58 MB
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Directors' Duties: Law and Practice comprehensively addresses the legal obligations of company directors in Ireland. It is a detailed examination of the practical application of the common law and equitable duties of directors as interpreted by the courts as well as key statutory obligations under the Companies Acts 1963 to 2009 with which directors must comply. In-depth coverage It offers in-depth coverage of the role, responsibilities and liabilities of company directors; disqualification and restriction of directors; remedies for breach of directors duties. Individual consideration is given to the various types of directors - executive directors, non-executive directors, de facto directors, shadow directors and nominee directors. Not just topical and timely - this new title: * Is Unique - it is the ONLY title devoted exclusively to the duties of directors. * Ensures you have the right information at hand to advise clients on company law issues. * Is a practical book that covers all elements of practice and procedure. * Can help you speed up the work involved when preparing or defending applications, for example the disqualification applications. Who will find this book useful? * Barristers * Solicitors * Accountants * Financial Service Institutions * Financial Advisors * Liquidators * Company directors and company secretaries. Author details Dr Deirdre Ahern is a lecturer in Commercial Law and Company Law in Trinity College Dublin. She is also a member of the Law Society's Business Law Committee. She formerly practised as a solicitor in A&L Goodbody and KPMG specialising in Company Law, Commercial Law and Competition Law and was a principal officer in the Law Reform Commission.

Company Law In Practice

Author: The City Law School
Publisher: Oxford University Press
ISBN: 019874739X
Size: 76.90 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.

The Company Director

Author: Peter Loose
Publisher: Jordans Pub
ISBN: 9781846611599
Size: 13.85 MB
Format: PDF, ePub, Mobi
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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

Scottish Company Law

Author: Brian Pillans
Publisher: Routledge
ISBN: 1135343292
Size: 33.16 MB
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The second edition of this successful book incorporates many important developments, such as the changing judicial approach to directors' duties and disqualification orders, recent developments in auditors' liability and the effect of the House of Lords decision in Sharp v Thompson. New legislation includes the Competition Act 1998 and the Human Rights Act 1998. Recent work of the Law Commissions on Shareholder Remedies and Directors Duties is examined. The ongoing debate on corporate governance is brought up to date with the incorporation of the Greenbury and Hampel Reports and the Combined Code on Corporate Governance and the work of the DTI on reform of company law is explained.