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Personal Liability and Disqualification of Company Directors Stephen Griffin

Personal Liability and Disqualification of Company Directors By Stephen Griffin

Personal Liability and Disqualification of Company Directors by Stephen Griffin


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Summary

This work is an in-depth analysis of circumstances giving rise to the disqualification and personal liability of directors of insolvent companies.

Personal Liability and Disqualification of Company Directors Summary

Personal Liability and Disqualification of Company Directors by Stephen Griffin

Foreword 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

Personal Liability and Disqualification of Company Directors Reviews

...the discussion is clear and straightforward: the commentary should be penetrable by the non-lawyerThis is a text that might be better read before accepting the position of company director rather than once difficulties arise. M. C. Hemsworth International Company Commercial Law Review September 2002

About Stephen Griffin

Stephen Griffin is a Reader in Law,University of Wolverhampton. is Reader in Law at University College London Dr. iur (Hamburg)

Table of Contents

Part 1 Personal liability of company directors: misfeasance proceedings; fraudulent trading; wrongful trading; the Phoenix syndrome; Section 349(4) of the Companies Act 1985. Part 2 Disqualification of company directors: the Company Directors Disqualification Act 1986; disqualification for unfit conduct in the management of an insolvent company (section 6, CDDA 1986); procedural and evidential matters pertinent to the CDDA 1986.

Additional information

NPB9781841130750
9781841130750
1841130753
Personal Liability and Disqualification of Company Directors by Stephen Griffin
New
Hardback
Bloomsbury Publishing PLC
1999-03-01
256
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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