| Description |
xvi, 350 pages ; 25 cm |
| Contents |
Part A: Definitions and Elements. 1. Overview of directors' duties -- 2. What is insolvency and how can it be proved? -- 3. To whom do the duties apply? -- 4. What is a debt? Part B: The Duty to Prevent Insolvent Trading. 5. What are reasonable grounds to suspect insolvency? -- 6. What constitutes a failure to prevent the company incurring a debt? -- 7. Making a holding company liable -- 8. Using reasonable grounds as a defence to an action -- 9. Using reasonable reliance as a defence -- 10. Using non-participation as a defence -- 11. Using an assertion that reasonable steps were taken to prevent the incurring of a debt as a defence -- 12. Other grounds for relief: sections 1318 and 1317S. Part C: Other General Duties. 13. General fiduciary duties and their utility -- 14. Duty of good faith -- 15. Use of position and information -- 16. Duty of care and diligence -- 17. Misleading and deceptive conduct -- 18. Delegation and reliance. Part D: Other Specific Duties. 19. Phoenix companies - what are they and what can be done about them? -- 20. Directors' personal liability for unremitted tax deductions -- 21. Multiple and interlocking directorships. Part E: Liabilities and Practicalities. 22. Directors' and officers' liability -- 23. Practicalities |
| Summary |
The most significant duty imposed on directors in the context of insolvency is the statutory duty to prevent insolvent trading contained in s588G of the Corporations Law. Duties are also owed to the company by Company secretaries, receivers, administrators, administrators of a Deed of Company Arrangement and liquidators. With Australia moving into uncertain economic times, these duties warrant careful attention by directors, officers and their advisers. "Directors' Duties During Insolvency" provides an invaluable roadmap through the rapidly changing landscape of statute and case law in the field |
| Analysis |
Cases (Law) |
|
Directors duties |
|
Federal issue |
|
Insolvency |
|
Liability |
|
State issue |
|
State issue. [??] |
| Notes |
First edition 2001 |
| Bibliography |
Includes bibliographical references and index |
| Subject |
Bankruptcy -- Australia.
|
|
Corporate governance -- Law and legislation -- Australia.
|
|
Directors of corporations -- Law and legislation -- Australia.
|
|
Directors of corporations -- Legal status, laws, etc. -- Australia.
|
| LC no. |
2002416067 |
| ISBN |
0455218080 |
|
