Company Directors' Liability and Creditor Protection by Andrew Keay | 2023*


Company Directors' Liability and Creditor Protection by Andrew Keay | 2023 (Coming Soon)

Author  Andrew Keay
Publication Date  June 2023
ISBN  9780367210519
Format  Hardcover
Publisher  Informa Law from Routledge


**Expected Delivery Period: 14 - 28 Working Days Upon publication

This book offers an in-depth analysis of the legal principles governing directors' liability for losses incurred by their companies' creditors when those companies face financial distress or insolvency. It serves as a comprehensive resource for understanding the law derived from both legislation and judicial decisions. The book thoroughly examines the required proof, available defenses, and potential issues for all involved parties.

Using a doctrinal approach, the book extensively analyzes relevant statutes and case law. Instead of simply citing cases to support arguments, it provides a contextual and detailed examination of many cases, highlighting their significance to the book's objectives. Additionally, the book offers practical insights into various aspects of the law, identifying potential problems and proposing solutions.

This resource is valuable for legal and insolvency practitioners, as well as directors, government officials, and academics.

TABLE OF CONTENTS of Company Directors' Liability and Creditor Protection | 2023:

PART A – Introduction
1. Background
2. Directors 
3. Creditors
4. Claimants and Actions

PART B - Fraudulent Trading
5. Background and Aim
6. Fraudulent Trading: The Provision and its Scope
7. Intent to Defraud and Fraudulent Purpose

PART C - Wrongful Trading
8. Wrongful Trading: Background, Aims and Rationale
9. An Exposition of the Wrongful Trading Provision and Its Scope
10. The Wrongful Trading Defence
11. Relief From Liability

PART D - The Obligation to Consider the Interests of Creditors
12. The Development of the Obligation
13. The Nature of and Rationale for the Obligation
14. When Does the Obligation Arise?
15. Complying With the Obligation
16. Commencing Proceedings and Determining Liability
17. Relief From Liability

PART E - Diminution of Company Funds
18. Unlawful Distributions

For more similar books to Company Directors' Liability and Creditor Protection | 2023: Company Law
ISBN: 9780367210519

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