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Personal Liability and Disqualification of Company Directors
By
Stephen Griffin
Description
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
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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