Company Directors' Liability and Creditor Protection

Auteur

Andrew Keay is Professor of Corporate and Commercial Law in the School of Law at the University of Leeds and a barrister at Kings Chambers and 9 Stone Buildings, Lincoln's Inn

Texte du rabat

The book provides an analytical exposition of the law concerning directors' liability for the losses sustained by their companies' creditors, when the directors' companies are in financial distress or become insolvent.

Contenu
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