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Company Directors: Duties, Liabilities and Remedies 3rd ed (eBook)

Edited by: Simon Mortimore

ISBN13: 9780191069321

Published: March 2017

Publisher: Oxford University Press

Country of Publication: UK

Format: eBook (ePub)

Price: Out of print
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Wildy's Book of the Month: April 2017

This is a new edition of the established authority on the law relating to directors of companies incorporated under the UK Companies Acts.

The new edition features all important developments in the law including the Small Business, Enterprise and Employment Act 2015 which improves transparency (including requiring directors to be natural persons unless exceptions apply), simplifies company filing requirements, clarifies the application of general duties to shadow directors, modernises directors' disqualification and reforms insolvency law to facilitate proceedings where there has been wrongdoing.

There has been a wealth of new case law relevant to directors' duties before the English courts, all of which are analysed and explained, including the Supreme Court decisions in:-

Prest v Petrodel Resources,
Jetivia v Bilta (UK),
FHR European Ventures v Cedar Capital Partners and Eclairs Group v JKX Oil & Gas,
the Court of Appeal decisions in Smithton Ltd v Naggar and Newcastle International Airport v Eversheds
as well as the important High Court decisions in Universal Project Management Services v Fort Gilkicker, Madoff Securities International v Raven and the wrongful trading case, Re Ralls Builders.

Non-UK cases are also analysed including Weavering Macro Fixed Income Fund Ltd v Peterson in the Cayman Islands' Court of Appeal and the 2016 decision of the Hong Kong Court of Final Appeal Chen v Jason.

In keeping with developments in case law and legislation the book now includes expanded coverage of multiple derivatives claims, directors' exposure to third party claims and a new chapter on civil remedies for market abuse.

The third edition is a complete reference work on the law relating to company directors and is the first port of call for all serious corporate lawyers and scholars on this subject.

Subjects:: Company Law, eBooks

Contents:: I. INTRODUCTION; 1: Historical Introduction to the Law Relating to the Duties and Liabilities of Directors, Simon Mortimore QC; 2: The Current Legal Framework Relating to Directors, Simon Mortimore QC; II. THE OFFICE OF DIRECTOR; 3: Directors and Other Officers; Requirement and Definitions, Adam Goodison; 4: Directors' Powers and Responsibilities, Adam Goodison; 5: Directors' Decision-Making and Delegation, William Willson; 6: Appointment of Directors, Martin Griffiths QC; 7: Termination of Appointment of Directors, Edward Brown; 8: Directors' Term of Service, Edward Brown; 9: Directors and Tax, Thomas Chacko; III. THE GENERAL DUTIES OF DIRECTORS; 10: General Duties of Directors, Mark Arnold QC; 11: Duty to Act with Powers, Marcus Haywood; 12: Duty to Promote the Success of the Company, Mark Arnold QC and Marcus Haywood; 13: The Duty to Exercise Independent Judgment, Marcus Haywood; 14: The Duty to Exercise Reasonable Care, Skill, and Diligence, Mark Arnold QC; 15: Duties to Avoid Conflicts of Interest, Mark Arnold QC and Marcus Haywood; 16: Duty not to Accept Benefits from Third Parties, Marcus Haywood; 17: Duty to Declare Interest in Transaction or Arrangement, Lloyd Tamlyn and Marcus Haywood; 18: Transactions with Directors Requiring Approval of Members, Lloyd Tamlyn; IV. DIRECTORS' PARTICULAR FUNCTIONS AND DUTIES; 19: The Company's Remedies for Breach of Directors' General Duties, Antony Zacaroli QC; 20: Directors' Liabilities: Exemption, Indemnification, and Ratification, Blair Leahy and Andrew Feld; 21: Directors Liabilities: Provision of Insurance, Stuart Hill; 22: Members' Personal and Derivative Claims, Georgina Peters; 23: Members Unfair Prejudice Claims and Winding-up Petitions, Adam Al-Attar; 24: Liabilities of Directors to Third Parties, Lexa Hilliard QC; V. DIRECTORS' PARTICULAR FUNCTIONS AND DUTIES; 25: Decision-making by Members, Hannah Thornley; 26: Accounting Records and Disclosure Requirements, Stephen Robins; 27: Capital and Distributions, Stephen Robins; 28: Reorganizations and Takeovers, Tom Smith QC; 29: Pension Schemes, Henry Legge QC; VI. PUBLIC INTEREST AND INSOLVENCY PROCEEDINGS; 30: Investigations and Public Interest Winding-up Petitions, Glen Davis QC; 31: Disqualification Proceedings, Robert Amey; 32: Civil Penalties for Market Abuse, Glen Davis QC and Robert Amey; 33: Directors' Functions and Duties in Insolvency Proceedings, Charlotte Cooke; 34: Directors' Liabilities in Insolvency Proceedings, Charlotte Cooke; 35: Criminal Liability of Directors, Clare Sibson QC; VI. DIRECTORS OF FOREIGN COMPANIES; 36: Duties and Liabilities of Directors of Foreign Companies, Tom Smith QC