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Vol 22 No 10 Oct/Nov 2017

Book of the Month

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Lindley & Banks on Partnership

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Creditor Protection in Private Companies: Anglo-German Perspectives for a European Legal Discourse


ISBN13: 9780521895385
Published: May 2009
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £98.00



Despatched in 4 to 6 days.

Limited liability companies form the backbone of our modern economy. However, there is a persistent danger of moral hazard on the part of directors and shareholders, particularly in closely held or private companies. Like all developed legal systems, English and German law both provide mechanisms designed to protect creditors from such risks.

This book investigates some of these mechanisms, including the avoidance of pre-insolvency acts, capital maintenance and creditor-regarding duties of directors. By analysing the different conceptual and doctrinal perspectives inherent in the English and German systems, this book seeks to advance a discourse between audiences with different legal backgrounds. It will be an invaluable guide for those wishing to understand how the protective mechanisms operate and interact with each other, and how they do so in quite different ways in the two jurisdictions.

  • The English language’s first treatment of this aspect of German law
  • Written by an expert with hands-on experience of EU law-making
  • Offers a fresh perspective on a debate where the traditional focus has been restricted to company law

Subjects:
Insolvency Law, Company Law
Contents:
1. Introduction
2. Avoidance of acts that are detrimental to creditors
3. Capital maintenance and unlawful distributions
4. Directors’ liability for contraventions of capital maintenance rules
5. Directors’ liability for conduct in the vicinity of insolvency
Conclusions.

Series: International Corporate Law and Financial Market Regulation

Liability of Corporate Groups and Networks ISBN 9781107039926
To be published January 2018
Cambridge University Press
£110.00
Independent Directors in Asia: A Historical, Contextual and Comparative Approach ISBN 9781107179592
To be published November 2017
Cambridge University Press
£120.00
Economic Transplants: On Law-Making for Financial Markets ISBN 9781107081802
Published October 2017
Cambridge University Press
£85.00
£88.00
Comparative Corporate Governance: A Functional and International Analysis ISBN 9781107025110
Published July 2013
Cambridge University Press
£190.00
The Regulatory Aftermath of the Global Financial Crisis ISBN 9781107024595
Published November 2012
Cambridge University Press
£105.00
The Derivative Action in Asia: A Comparative and Functional Approach ISBN 9781107012271
Published June 2012
Cambridge University Press
£93.00
Governance of Global Financial Markets: The Law, the Economics, the Politics ISBN 9780521762663
Published April 2012
Cambridge University Press
£98.00
Corporate Lawyers and Corporate Governance ISBN 9780521762557
Published June 2011
Cambridge University Press
£100.00
EU Prospectus Law: New Perspectives on Regulatory Competition in Securities Markets ISBN 9780521517652
Published May 2011
Cambridge University Press
£110.00
Regulating Global Corporate Capitalism ISBN 9780521181969
Published May 2011
Cambridge University Press
£51.00
Convergence in Shareholder Law ISBN 9780521187916
Published February 2011
Cambridge University Press
£40.99
Comparative Corporate Governance of Non-Profit Organizations ISBN 9780521761840
Published April 2010
Cambridge University Press
£165.00
How to Protect Investors: Lessons from the EC and the UK ISBN 9780521888707
Published January 2010
Cambridge University Press
£155.00
EC Regulation of Corporate Governance ISBN 9780521876674
Published December 2009
Cambridge University Press
£94.00
Perspectives in Company Law and Financial Regulation ISBN 9780521515702
Published June 2009
Cambridge University Press
£154.00
Convergence in Shareholder Law ISBN 9780521876759
Published December 2007
Cambridge University Press
£103.00