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Vol 22 No 12 Dec 17/Jan 18

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Disqualification Undertakings: Law, Policy and Practice

ISBN13: 9781846611346
Published: January 2011
Publisher: LexisNexis Butterworths
Country of Publication: UK
Format: Hardback
Price: £134.00

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Company directors found to have committed unfit conduct are subject to disqualification from directorships. Where a director offers a disqualification undertaking themselves, they avoid a full hearing of the matter and also typically receive a discounted period of disqualification from the court.

Disqualification Undertakings: Law and Practice provides authoritative and practical guidance on navigating the undertakings system and the procedures for applying for leave of an undertaking. This is combined with empirical research on reasons cited in schedules of unfit conduct and periods of disqualification, enabling practitioners to advise clients on the most effective strategies when negotiating terms of undertakings.

Disqualification Undertakings: Law, Policy and Practice is the only book focusing solely on undertakings; with the number of corporate insolvencies likely to rise over the next few years, this is an ideal volume for those advising the increasing number of people disqualified from directorships.

Company Law
The Undertakings System
Overview of CDDA 1986
Disqualification by Undertaking under Sections 6 & 8
Competition Disqualification Undertakings
The Practice of the Undertakings System (policy and practice of Secretary of State)
Notice of disqualification proceedings
Draft disqualification undertakings and representations to disqualification unit
Cost issues
Unfit Conduct in Undertaking Cases
Section 6 & 8
Competition Disqualification Undertakings
Periods of Disqualification
Re Sevenoaks Stationers Limited
Undertaking cases, policy and practice
Rescission and Variation of Disqualification Undertakings: Law and Practice
Leave of Disqualification: Law and Practice