Financially Distressed Companies, Restructuring and Creditors’ Interests: What Is a Director to Do?

22 Pages Posted: 3 Feb 2019

See all articles by Andrew R. Keay

Andrew R. Keay

University of Leeds - School of Law

Date Written: December 7, 2018

Abstract

It is a principle of UK law that when companies are financially distressed to the point of being insolvent or close to it the directors of such companies are required to take into account the interests of creditors. This is now codified in s.172(3) of the Companies Act 2006. In recent times there has been concern emitted by some commentators that directors might be unfairly held liable under s.172(3) for losses to creditors if a restructuring of a financially distressed company that they instituted failed. This paper examines whether such concerns are realistic and explores how directors should act if they decide to restructure their company’s affairs.

Keywords: Directors’ Duties, Insolvency, Distressed Companies, Creditors’ Interests

JEL Classification: K

Suggested Citation

Keay, Andrew R., Financially Distressed Companies, Restructuring and Creditors’ Interests: What Is a Director to Do? (December 7, 2018). Available at SSRN: https://ssrn.com/abstract=3319749 or http://dx.doi.org/10.2139/ssrn.3319749

Andrew R. Keay (Contact Author)

University of Leeds - School of Law ( email )

Corporate and Commercial Law
Leeds LS2 9JT
United Kingdom
0113-343-6389 (Phone)

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