Deterring Officer Misconduct: The Impact of the Proposed Insolvency Reforms on Company Officers
Insolvency Law Journal, Vol. 15, p. 173, 2007
Posted: 24 Jun 2009
Date Written: 2007
"Deterring officer misconduct" is stated to be one of the four key themes of the proposed corporate insolvency reforms. Despite this, the reforms contained in the Corporations Amendment (Insolvency) Bill 2007 (Cth) itself are minor. It is the other three themes that dominate the terms of the Bill. This article examines whether the Bill amounts to: a considered rejection of the various recommendations made by the background reports in relation to officer misconduct; a lost opportunity for reform; or whether there is some other explanation for the Bill’s very limited reforms in this area. It is suggested that all three explanations play their part.
Keywords: Officer misconduct, Corporatiosn Law, Directors Duties, Corporate Insolvency Reforms
JEL Classification: K00, K2, K22, K42, K49
Suggested Citation: Suggested Citation