Creditor protection in private companies : Anglo-German perspectives for a European legal discourse / Thomas Bachner.
2009
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Author
Title
Creditor protection in private companies : Anglo-German perspectives for a European legal discourse / Thomas Bachner.
Imprint
Cambridge : Cambridge University Press, 2009.
Description
1 online resource (xxxvi, 315 pages) : digital, PDF file(s).
Series
International corporate law and financial market regulation.
Formatted Contents Note
Introduction
Avoidance of acts that are detrimental to creditors
Capital maintenance and unlawful distributions
Directors' liability for contraventions of capital maintenance rules
Directors' liability for conduct in the vicinity of insolvency.
Avoidance of acts that are detrimental to creditors
Capital maintenance and unlawful distributions
Directors' liability for contraventions of capital maintenance rules
Directors' liability for conduct in the vicinity of insolvency.
Summary
Limited liability companies form the backbone of our modern economy. However, there is a persistent danger of moral hazard on the part of directors and shareholders, particularly in closely held or private companies. Like all developed legal systems, English and German law both provide mechanisms designed to protect creditors from such risks. This book investigates some of these mechanisms, including the avoidance of pre-insolvency acts, capital maintenance and creditor-regarding duties of directors. By analysing the different conceptual and doctrinal perspectives inherent in the English and German systems, this book seeks to advance a discourse between audiences with different legal backgrounds. It will be an invaluable guide for those wishing to understand how the protective mechanisms operate and interact with each other, and how they do so in quite different ways in the two jurisdictions.
Note
Title from publisher's bibliographic system (viewed on 05 Oct 2015).
Location
WWW
Available in Other Form
Print version:
Linked Resources
Alternate Title
Cambridge Core.
Language
English
ISBN
9780511576553 ebook
9780521895385 (hardback)
9780521895385 (hardback)
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