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Vol 21 No 11 Nov/Dec 2016

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Directors' Disqualification and Insolvency Restrictions 3rd ed


ISBN13: 9781847033338
New Edition ISBN: 9780414033450
Previous Edition ISBN: 0421839708
Published: December 2009
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback
Price: £290.00



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Offering specialist commentary and opinion Directors' Disqualification and Bankruptcy Restrictions:-

  • Provides background on the CDDA and its impact
  • Examines the core provisions relating to disqualification for unfit conduct
  • Considers the commencement of disqualification proceedings and the concept of unfit conduct
  • Illuminates the application of the CDDA to competition law infringements
  • Gives guidance on civil disqualification proceedings, including the application process, conduct before and duringproceedings, evidence and costs
  • Discusses commencement of section 6 proceedings out of time
  • Covers termination without a full trial for civil disqualification cases with particular emphasis on disqualification undertakings
  • Provides insight into the different grounds of directors disqualification Includes analysis of the bankruptcy regime and the impact of the Enterprise Act 2002 on directors disqualification
  • Covers disqualification orders and undertakings
  • Considers procedure in relation to reviews, variations and appeals
  • Examines the scope of future business activities for disqualified directors and the law and practice relating to applications by such directors for permission to engage in corporate activity
  • Reproduces relevant legislation, practice directions and guidelines for easy reference

Subjects:
Insolvency Law, Company Law
Contents:
Company Directors' Disqualifications Act 1986
The Nature and Purpose of Directors' Disqualification
Disqualification for Unfit Conduct: Preliminary Matters
Establishing Unfit Conduct (1): General Principles
Establishing Unfit Conduct (2): Specific Instances of Unfit Conduct and Period of Disqualification
Competition Disqualification Orders
Procedure and Evidence in Civil Disqualification Proceedings
Permission to Commence Section 6 Proceedings Out of Time and the Impact of Delay in Civil Disqualification
Civil Disqualification Cases: Termination Without a Full Trial
Alternative Grounds for Disqualification: Sections 2-5 and 10 of the CDDA
Bankruptcy, Bankruptcy Restrictions and County Court Administration Orders
Disqualification Orders and Undertakings
Procedure in Civil Disqualification PROCEEDINGS After Judgment or Entry into Disqualification Undertakings: Reviews, Variations and Appeals
The Legal Effect of Disqualification
Permission to Act Notwithstanding Disqualification
The International Dimension: Foreign Disqualification Provision
Appendices