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Cover of Company Directors: Duties, Liabilities and Remedies

Company Directors: Duties, Liabilities and Remedies

Edited by: Mark Arnold KC, Simon Mortimore KC
Price: £275.00

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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: £116.00



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.

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