Personal Liability and Disqualification of Company Directors
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Personal Liability and Disqualification of Company Directors by Stephen M. Griffin
Book DescriptionForeword by Rt. Hon Mary Arden,D.B.E. The purpose of this new work is to provide an in-depth analysis of circumstances giving rise to the disqualification and personal liability of directors of insolvent companies. By way of introduction, the book commences by considering the legal indentification of a company director and the general corporate responsibilities and duties expected from a director of an insolvent company. Following the introduction, the first part of the work is devoted to an examination of the statutory provisions which may potentially render a director to be made personally liable to contribute to the debts and liabilities of an insolvent company. Accordingly, Part I of this book considers the law governing misfeasance proceedings, fraudulent trading, wrongful trading, phoenix companies and the misuse of corporate names under section 349(4) of the Companies Act 1985. Part II of the book involves an examination of the disqualification process under the Company Directors Disqualification Act 1986. The ability and powers of the courts to impose disqualification orders have generated an abundance of case law. Part II commences with a general analysis of the disqualification process before moving on to specifically concentrate its attention on section 6 of the Act, namely the disqualification of directors for unfit conduct. The final chapter of the work involves an analysis of the procedural aspects of the disqualification process. Table of Contents Part I - Personal Liability of Company Directors Chapter 1 - Introduction Chapter 2 - Misfeasance Proceedings Chapter 3 - Fraudulent Trading Chapter 4 - Wrongful Trading Chapter 5 - The Phoenix Syndrome Chapter 6 - Section 349(4) of the Companies Act 1985 Part II - Disqualification of Company Directors Chapter 7 - The Company Directors Disqualification Act 1986 Chapter 8 - Disqualification for Unfit Conduct in the Management of an Insolvent Company (section 6, CDDA 1986) Chapter 9 - Procedural and Evidential Matters Pertinent to the CDDA 1986
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Book DetailsISBN: 9781841130750
(240mm x 168mm x 20mm)
Imprint: Hart Publishing
Publisher: Bloomsbury Publishing PLC
Publish Date: 1-Mar-1999
Country of Publication: United Kingdom
Books By Author Stephen M. Griffin
Long Wars and the Constitution, Hardback (June 2013)
Extension of presidential leadership in foreign affairs to war powers has destabilized our constitutional order and deranged our foreign policy. Stephen M. Griffin shows unexpected connections between the imperial presidency and constitutional crises, and argues for accountability by restoring Congress to a meaningful role in decisions for war.
American Constitutionalism, Paperback (July 1998)» View all books by Stephen M. Griffin
Provides an introduction to the subject of American constitutional theory. This book surveys the theoretical issues raised by judicial practice in the United States over the past three centuries, particularly since the Warren Court, and locates both theory and practices that have inspired dispute among jurists and scholars in historical context.
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Author Biography - Stephen M. Griffin
Stephen Griffin is a Reader in Law,University of Wolverhampton. is Reader in Law at University College London Dr. iur (Hamburg)
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