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.

Corporate Bodies and Guilty Minds

Corporate Bodies and Guilty Minds
Author: William S. Laufer
Publisher: University of Chicago Press
Total Pages: 305
Release: 2006-08
Genre: Business & Economics
ISBN: 0226470407

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We live in an era defined by corporate greed and malfeasance—one in which unprecedented accounting frauds and failures of compliance run rampant. In order to calm investor fears, revive perceptions of legitimacy in markets, and demonstrate the resolve of state and federal regulators, a host of reforms, high-profile investigations, and symbolic prosecutions have been conducted in response. But are they enough? In this timely work, William S. Laufer argues that even with recent legal reforms, corporate criminal law continues to be ineffective. As evidence, Laufer considers the failure of courts and legislatures to fashion liability rules that fairly attribute blame for organizations. He analyzes the games that corporations play to deflect criminal responsibility. And he also demonstrates how the exchange of cooperation for prosecutorial leniency and amnesty belies true law enforcement. But none of these factors, according to Laufer, trumps the fact that there is no single constituency or interest group that strongly and consistently advocates the importance and priority of corporate criminal liability. In the absence of a new standard of corporate liability, the power of regulators to keep corporate abuses in check will remain insufficient. A necessary corrective to our current climate of graft and greed, Corporate Bodies and Guilty Minds will be essential to policymakers and legal minds alike. “[This] timely work offers a dispassionate analysis of problems relating to corporate crime.”—Harvard Law Review

Liability of Corporate Groups and Networks

Liability of Corporate Groups and Networks
Author: Christian A. Witting
Publisher: Cambridge University Press
Total Pages: 501
Release: 2018-01-11
Genre: Business & Economics
ISBN: 1107039924

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Discusses the nature of corporate groups and networks, and provides arguments for rules extending liability beyond insolvent entities.

Corporate Duties to the Public

Corporate Duties to the Public
Author: Barnali Choudhury
Publisher: Cambridge University Press
Total Pages: 387
Release: 2019-01-10
Genre: Law
ISBN: 1108421466

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Today's economic and social context demands that corporations - once seen only as private actors - owe duties to the public.

Corporate Criminal Liability

Corporate Criminal Liability
Author: Mark Pieth
Publisher: Springer Science & Business Media
Total Pages: 401
Release: 2011-04-20
Genre: Law
ISBN: 940070674X

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With industrialization and globalization, corporations acquired the capacity to influence social life for good or for ill. Yet, corporations are not traditional objects of criminal law. Justified by notions of personal moral guilt, criminal norms have been judged inapplicable to fictional persons, who ‘think’ and ‘act’ through human beings. The expansion of new corporate criminal liability (CCL) laws since the mid-1990s challenges this assumption. Our volume surveys current practice on CCL in 15 civil and common law jurisdictions, exploring the legal conditions for liability, the principles and options for sanctioning, and the procedures for investigating, charging and trying corporate offenders. It considers whether municipal CCL laws are converging around the notion of ‘corporate culture’, and, in any case, the implications of CCL for those charged with keeping corporations, and other legal entities, out of trouble.