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Directors' Disqualification and Insolvency Restrictions
Directors' Disqualification and Insolvency Restrictions
4th Edition
Practice Area:  Insolvency
ISBN:  9780414033450
Published by:  Sweet & Maxwell
Publication Date:  31 Oct 2018
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
The latest edition includes:

  • Fully updated in light of the new Insolvency Rules 2016 and relevant primary legislation
  • Addresses the nature, purpose and legal effects of the disqualification and bankruptcy restrictions regimes
  • Reviews and addresses cases of de facto or ‘shadow’ directors and their liabilities
  • A brand new chapter on compensation orders
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