Directors' Personal Liability for Corporate Fault

Directors' Personal Liability for Corporate Fault
Author: Helen Anderson
Publisher: Kluwer Law International B.V.
Total Pages: 354
Release: 2008-01-01
Genre: Law
ISBN: 9041126740

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This collection of essays describes and analyzes the legal regimes governing directors' liability for corporate fault and default across eleven important trading jurisdictions.

Personal Liability for Corporate Fault

Personal Liability for Corporate Fault
Author: Corporations & Markets Advisory Committee
Publisher:
Total Pages: 105
Release: 2005
Genre: Corporation law
ISBN: 9780975761908

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"This paper discusses the circumstances in which directors and corporate managers may be personally liable for corporate misconduct in consequence of the positions they hold or the functions they perform in their corporations. This derivative form of liability arises without the need to establish that these persons either breached the law through their own misconduct or were accessories to the misconduct of their corporation. The paper reviews a range of Commonwealth, State and Territory statutes that impose derivative liability and puts forward for discussion possible model provisions to balance the public interest goals of the legislation and the rights of affected individuals." -- p. 1.

Personal Liability for Corporate Fault

Personal Liability for Corporate Fault
Author: Corporations & Markets Advisory Committee
Publisher:
Total Pages: 133
Release: 2006
Genre: Corporation law
ISBN: 9780975761960

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Liability of Corporate Officers and Directors

Liability of Corporate Officers and Directors
Author: William E. Knepper
Publisher: MICHIE
Total Pages: 922
Release: 1978
Genre: Corporation law
ISBN:

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This book discusses how directors and officers can limit and protect against personal liability for corporate acts. Conflict of interest, class actions, liability of third persons, SEC regulatory actions, indemnification and contribution, and other relevant issues are addressed in the work.

Directors’ Liability: A Worldwide Review

Directors’ Liability: A Worldwide Review
Author: Alexander Loos
Publisher: Kluwer Law International B.V.
Total Pages: 674
Release: 2016-09-01
Genre: Law
ISBN: 9041158529

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This acclaimed reference book for international business lawyers first appeared in 2006, with a second edition in 2010. Now in its third edition, and once again published in conjunction with the International Bar Association, this comparative study of a crucial issue in corporate law gives practitioners a powerful and decisive tool for ascertaining and comparing the law affecting directors’ liability in today’s globalizing economies. Covering nearly fifty jurisdictions worldwide (including eight not previously covered), the third edition affords senior lawyers in major firms the opportunity to provide concise, detailed, and easy-to-understand summaries on his or her home law on directors’ liability. Authors whose research appeared in earlier editions have updated their chapters, and the case law summarized and analysed now reflects published cases through the end of March 2016. The contributions describe the relevant law in force in each particular jurisdiction, along with an insightful discussion of trends and future prospects. For each of the different jurisdictions the authors detail and explain such factors as the following: - national legal theories of director liabilities; - recent cases dealing with directors’ liability; - corporate governance; and - indemnification and insurance. Where applicable, coverage also includes the legal implications of jurisdictional variations in such matters as judicial review, lawyer directorship, directors’ reliance on outside professionals, and the effect of the European Action Plan. References have been thoroughly updated throughout, and include many new online sources. This publication will be of enormous value to legal practitioners, whether in private practice or in the legal department of a globally active company, as a comprehensive and easy means of access to the law of foreign jurisdictions on directors’ liability.

Personal Liability and Disqualification of Company Directors

Personal Liability and Disqualification of Company Directors
Author: Stephen Griffin
Publisher: Hart Publishing
Total Pages: 0
Release: 1999-03-19
Genre: Law
ISBN: 9781841130750

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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