Company Directors' Responsibilities to Creditors by Andrew Keay
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Company Directors' Responsibilities to Creditors
By Andrew Keay

Company Directors' Responsibilities to Creditors

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Format: Paperback

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Company Directors' Responsibilities to Creditors by Andrew Keay

Book Description

This timely work is the first to comprehensively examine directors' responsibilities to creditors in times of financial strife, as well as addressing when these responsibilities arise, and what directors should have to do to ensure that they comply with their obligations. Keay explores the relevant issues from doctrinal, normative and comparative perspectives and addresses the question as to when directors are liable for wrongful trading, fraudulent trading or breach of their duties to creditors and whether directors should be held responsible for the before mentioned. Besides the relevant UK legislation and case law, legislation and case law from Australia, Canada, Ireland and the United States are examined and compared and reforms which take into account the aims and rationale of the relevant legislation as well as creditors' interests are proposed and assessed. Importantly, new approaches for courts which would make the nature of the responsibility and its timing more precise are suggested. Company directors have certain responsibilities to creditors of their companies. In particular, they should avoid fraudulent and wrongful trading and consider, as part of their duties, the interests of creditors when their companies might be, or are, in financial difficulty. The work is precipitated by the lack of coherence in the consideration of wrongful trading and the recent delivery of important cases on fraudulent trading. Also, this timely work is the first to comprehensively examine directors' responsibilities to creditors in times of financial strife, as well as addressing when these responsibilities arise, and what directors should have to do to ensure that they comply with their obligations. Keay explores the relevant issues from doctrinal, normative and comparative perspectives and seeks to address the question as to when directors are liable for wrongful trading, fraudulent trading or breach of their duties to creditors and whether directors should be held responsible for wrongful trading and failing to consider the interests of creditors. Besides the relevant UK legislation and case law, legislation and case law from Australia, Canada, Ireland and the United States are examined and compared, and reforms which take into account the aims and rationale of the relevant legislation as well as creditors' interests are proposed and assessed. Importantly, new approaches for courts which would make the nature of the responsibility and its timing more precise are suggested.

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Book Details

ISBN: 9781845680084
ISBN-10: 1845680081
Format: Paperback
(234mm x 156mm x 23mm)
Pages: 424
Imprint: Routledge Cavendish
Publisher: Taylor & Francis Ltd
Publish Date: 26-Oct-2006
Country of Publication: United Kingdom

Other Editions...


Books By Author Andrew Keay

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This text explains and assesses the nature of the enlightened shareholder value principle (ESV) and its contribution to corporate governance. Andrew Keay traces the development of the principle of ESV and examines it in the context of existing principles which have influenced corporate governance.

Insolvency Law by Andrew Keay Insolvency Law, Paperback (September 2012)

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» View all books by Andrew Keay

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Author Biography - Andrew Keay

Andrew Keay is Professor of Corporate and Commercial Law in the School of Law's Centre for Business Law and Practice at the University of Leeds, where he specialises in teaching Corporate Law and Insolvency Law. He is the Commonwealth editor of Gore Browne on Companies and he is a member of the editorial boards of several journals. He has authored a number of books including McPherson's Law of Company Liquidation, 2001, Insolvency Law: Corporate and Personal, 2003, Insolvency Legislation: Annotations and Commentary, 2005 (co-authored).

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