Deterring Officer Misconduct: The Impact of the Proposed Insolvency Reforms on Company Officers

Posted: 24 Jun 2009

See all articles by John Duns

John Duns

Monash University - Faculty of Law

Date Written: 2007

Abstract

"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

Duns, John, Deterring Officer Misconduct: The Impact of the Proposed Insolvency Reforms on Company Officers (2007). Insolvency Law Journal, Vol. 15, p. 173, 2007; Monash University Faculty of Law Legal Studies Research Paper No. 2007/47. Available at SSRN: https://ssrn.com/abstract=1424700

John Duns (Contact Author)

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

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