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The shifting of directors' duties in the vicinity of insolvency

Keay, Andrew 2015, The shifting of directors' duties in the vicinity of insolvency, International insolvency review, vol. 24, no. 2, pp. 140-164, doi: 10.1002/iir.1236.

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Title The shifting of directors' duties in the vicinity of insolvency
Author(s) Keay, Andrew
Journal name International insolvency review
Volume number 24
Issue number 2
Start page 140
End page 164
Total pages 25
Publisher Wiley-Blackwell
Place of publication Chichester, Eng.
Publication date 2015-01
ISSN 1180-0518
1099-1107
Summary Directors are obviously critical to the management of companies, and perhaps even more so when a company is in financial difficulties. This paper examines the position of directors when their company is in the vicinity of insolvency. It provides an analytical exposition of the law that exists in common law jurisdictions where, in the vicinity of insolvency, there is a shift in the nature of the duties of its directors, namely, directors have to take into account the interest of the creditors when exercising their powers and discharging their duties. The paper endeavours to identify and discuss the main problems that exist with this shift in the nature of duties so that if other jurisdictions do consider implementing it, they are aware of the drawbacks and may be able to address them.
Language eng
DOI 10.1002/iir.1236
Field of Research 1801 Law
Socio Economic Objective 970118 Expanding Knowledge in Law and Legal Studies
HERDC Research category C1.1 Refereed article in a scholarly journal
ERA Research output type C Journal article
Copyright notice ©2015, INSOL International and John Wiley & Sons
Persistent URL http://hdl.handle.net/10536/DRO/DU:30091779

Document type: Journal Article
Collection: Law
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