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Personal Liability and Disqualification of Company Directors (Hardcover)
Loot Price: R6,277
Discovery Miles 62 770
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Personal Liability and Disqualification of Company Directors (Hardcover)
Expected to ship within 10 - 15 working days
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Foreword by Rt. Hon Mary Arden,D.B.E. 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
General
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