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Directors' Disqualification and Insolvency Restrictions
Directors' Disqualification and Insolvency Restrictions
3rd Edition
Practice Area:  Insolvency
ISBN:  9781847033338
Published by:  Sweet & Maxwell
Publication Date:  08 Dec 2009
Format:  Hardback
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PRODUCT DESCRIPTION
Offering specialist commentary and opinion Directors' Disqualification and Bankruptcy Restrictions:
  • Provides background on the CDDA and its impact
  • Examines the core provisions relating to disqualification for unfit conduct
  • Considers the commencement of disqualification proceedings and the concept of unfit conduct
  • Illuminates the application of the CDDA to competition law infringements
  • Gives guidance on civil disqualification proceedings, including the application process, conduct before and duringproceedings, evidence and costs
  • Discusses commencement of section 6 proceedings out of time
  • Covers termination without a full trial for civil disqualification cases with particular emphasis on disqualification undertakings
  • Provides insight into the different grounds of directors disqualification
  • Includes analysis of the bankruptcy regime and the impact of the Enterprise Act 2002 on directors disqualification
  • Covers disqualification orders and undertakings
  • Considers procedure in relation to reviews, variations and appeals
  • Examines the scope of future business activities for disqualified directors and the law and practice relating to applications by such directors for permission to engage in corporate activity
  • Reproduces relevant legislation, practice directions and guidelines for easy reference
CONTENTS
  • Company Directors' Disqualifications Act 1986
  • The Nature and Purpose of Directors' Disqualification
  • Disqualification for Unfit Conduct: Preliminary Matters
  • Establishing Unfit Conduct (1): General Principles
  • Establishing Unfit Conduct (2): Specific Instances of Unfit Conduct and Period of Disqualification
  • Competition Disqualification Orders
  • Procedure and Evidence in Civil Disqualification Proceedings
  • Permission to Commence Section 6 Proceedings Out of Time and the Impact of Delay in Civil Disqualification
  • Civil Disqualification Cases: Termination Without a Full Trial
  • Alternative Grounds for Disqualification: Sections 2-5 and 10 of the CDDA
  • Bankruptcy, Bankruptcy Restrictions and County Court Administration Orders
  • Disqualification Orders and Undertakings
  • Procedure in Civil Disqualification PROCEEDINGS After Judgment or Entry into Disqualification Undertakings: Reviews, Variations and Appeals
  • The Legal Effect of Disqualification
  • Permission to Act Notwithstanding Disqualification
  • The International Dimension - Foreign Disqualification Provision
  • Appendices
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