Insolvent Trading in UK Law
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What Can We Expect to Gain from Reforming the Insolvent Trading Remedy?
This paper argues that reform of the wrongful trading remedy in section 214 of the Insolvency Act 1986 is unlikely to yield significant increases in civil recovery for creditors of insolvent compan...
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The Public Enforcement of Sanctions against Illegal Phoenix Activity: Scope, Rationale and Reform
The loss suffered by unsecured creditors of all insolvent companies is the non-payment in full of amounts rightfully owed to them. This loss is all the more unacceptable to creditors when a company...... ... The loss suffered by unsecured creditors of all insolvent companies is the non-payment ... duties or insolvent trading. Such an action may be instigated by the liquidator and by ... ...
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THE MODERN LAW REVIEW VOLUME 78 INDEX
... ... illiams ,R ichard What Can We Expect to Gain from Reforming the Insolvent Trading Remedy? 55 CONTRIBUTORS OF REVIEW ARTICLES B ustamante ,T homas ... ...
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Secretary of State for Trade and Industry v Baker & Others
This case arose from the 1995 collapse of the Barings Banking Group caused by the enormous losses resulting from Nick Lee‐son's unauthorised derivatives trading in Singapore, while general manager ...... ... losses resulting from Nick Lee-son's unauthorised derivatives trading in Singapore, while general manager of Bar-ings Futures (Singapore) Ltd ... it is the duty of the court to disqualify unfit directors of insolvent companies: 's6(l) The court shall make a disqualifi-cation order against a ... ...
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Insolvency—It's all about the Money
The most desirable outcome from corporate insolvency is one that achieves the greatest return for all creditors including revenue authorities; minimises the cost of administering the system so that...... ... are four pots of money that matter when a company becomes insolvent. The first is the money that the failed company owes to its ... of directors ’ duties breaches 38 including insolvent trading, 39 administrative banning provisions, 40 investigative powers, 41 ... ...
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The Political Economy of Corporate Law Reform in Australia
... ... 3D Because prices are the product of trading by informed investors, securities prices should reflect the effect of ... 183 On the other hand, there are problems with managers of insolvent companies. 178 179 180 181 182 183 J C Coffee, above n 122 at 1636-1639; ... ...
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Stepping Stones — from Corporate Fault to Directors' Personal Civil Liability
Several recent cases have seen the courts approving ASIC's employment of a ‘stepping stone’ approach that applies directors‘ statutory duty of care as well as their other statutory duties in a nove...... ... grounds for suspecti ng that the company is insolvent. Here, the company has defaulted on its contractual obligation to ... The purpose of liability for insolvent trading being framed in this way is to require an active involvement of ... ...
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The issue of enforcement in Chinese corporate governance
Purpose: – The purpose of this paper is to discuss two important aspects of enforcement of ethical standards: indirect enforcement, that is the Confucian approach, and common law enforcement. In th...... ... new tothe common law for there are provisions relating to insolvent trading and fraudulenttrading, there is a duty to the company and creditor ... ...
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Feeling the pinch: more and more firms are being defrauded by their staff--and the biggest offenders tend to be managers, Danielle Cohen explains what to do if you suspect that a senior-level colleague has got a hand in the till.
... ... a senior figure is involved or there are implications for tax or trading while insolvent--then consider approaching a suitable person outside the ... ...
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Corporate investigations
Purpose: The aim of the research is to explain the requirements for conducting a corporate investigation and to indicate that corporations must have effective corporate governance and compliance st...... ... paper based on Chapter 11 of Mr Coburn’s work, Coburn’s Insolvent Trading:Global Investment Fraud and Corporate Investigations published by ... ...
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