Disqualifying directors without going to court
- Clipping the wings of phoenix firms. Fullwood, Louise // Director;Jun96, Vol. 49 Issue 11, p38
Reports that directors in Great Britain who wind up a failed business and start a similar enterprise with slight change of name must obtain leave of court before setting up a phoenix company. Court ruling in the case Penrose vs. Official Receiver; Rejection of the leave application of the...
- Insolvency Act 1986 – wrongful trading. // Accountancy;Oct86, Vol. 98 Issue 1118, p48
Reports on the provisions of a section of the Insolvency Act of 1986 in Great Britain states which defines the scope of a director's personal liability for the debts of a company, due to involvement in wrongful trading.
- A useful tool in the credit manager's armoury. // Credit Management;Sep2003, p53
Reports on the seminar held by the Essex branch of the Institute of Credit Management dealing with sections 216-217 of the Insolvency Act of 1986. Second company's use of a name similar to the insolvent company; Liability of the common directors; British Department of Trade and Industry's...
- The direct approach. O'Neill, Barry // Lawyer;12/9/2002, Vol. 16 Issue 49, pIR7
Reports on Ireland's Company Law Enforcement Act of 2001 which introduced new and far-reaching powers to arrest directors of insolvent companies. Application in the House of Denmark case; Importance of the act as a weapon in the arsenal of a liquidator.
- SOME ASPECTS OF INSOLVENCY LAW REFORM. Grier, Ian // Accountancy;Jan1990, Vol. 105 Issue 1157, p91
Discusses the aspects of insolvency law reform in Great Britain that are of interest to the accountancy profession. Introduction of a code of conduct for directors and other officers; Circumstances in which directors could be disqualified; Effect of 'Produce Marketing' on individual directors...
- European institutions: Tessas and PEPs. Keenan, Denis // Accountancy;Feb1996, Vol. 117 Issue 1230, p83
Reports that the British High Court has been asked to allow directors of a company that had gone into insolvent liquidation to be directors of a company with a similar name. Case background; Application of Insolvency Act 1986.
- What directors need to know about major changes to insolvency law. // Director;Nov2015, Vol. 69 Issue 3, p87
The article presents information about changes to insolvency law in Great Britain stating that according to Small Business, Enterprise and Employment Act 2015 office holders can assign claims from insolvency proceedings to third parties and mentions its impact on company directors.
- CORPORATE DIRECTORS' DISQUALIFICATION: THE NEW CANADIAN REGIME? GIRGIS, JASSMINE // Alberta Law Review;Jun2009, Vol. 46 Issue 3, p677
An insolvent time in a corporation's life may compel directors to engage in reckless behaviour and wrongful conduct to hide the state of financial distress from creditors as the directors attempt to trade out of insolvency. Currently, Canadian legislation does little to protect from this type of...
- A case of survival. Kavanagh, Helen // Director;Sep95, Vol. 49 Issue 2, p26
Features the case of Sherbourne Associates which highlights the issue of personal liability in company insolvency. Relief to directors who fail in negotiations; Provisions of the Insolvency Act 1986 and the Company Directors Disqualification Act 1986 concerning directors involved in wrongful...