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Vol 23 No 4 April/May 2018

Book of the Month

Cover of Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Edited by: Alexander Learmonth, Charlotte Ford, Julia Clark, John Ross Martyn
Price: £295.00

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UK Public Holiday Monday 28th May

Wildy's will be closed on Monday 28th May, re-opening on Tuesday 29th.

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Personal Liability and Disqualification of Company Directors

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ISBN13: 9781841130750
ISBN: 1841130753
Published: March 1999
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £140.00



Despatched in 4 to 6 days.

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.

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Subjects:
Company Law
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.