Company Directors' Liability for Insolvent Trading

Abstract

Edited by Ian Ramsay, this book is a collection of essays that examines the liability of directors for insolvent trading. In addition to legal analysis of insolvent trading provisons in several countries, theoretical perspectives on insolvent trading are also provided.

The chapters of the book are:

Part I - Introduction

1. An Overview of the Insolvent Trading Debate - Ian M Ramsay

Part II - Theoretical Perspectives on Insolvent Trading

2. Corporate Directors' Personal Liability for "Insolvent Trading" in Australia, "Reckless Trading" in New Zealand and "Wrongful Trading" in England: A Recipe for Timid Directors, Hamstrung Controlling Shareholders and Skittish Lenders - Dale A Oesterle 3. The Economic and Strategic Structure of Insolvent Trading - Michael J Whincop

Part III - Insolvent Trading in Australia

4. Insolvent Trading in Australia: The Legal Principles - Niall F Coburn 5. The Recovery of Employee Entitlements in Insolvency - David B Noakes 6. Why are There so Few Insolvent Trading Cases? - Abe Herzberg

Part IV - International Perspectives on Insolvent Trading

7. Directors' Liability for Trading While Insolvent: A Critical Review of the New Zealand Regime - David Goddard 8. Civil Liability of Directors for Company Debts Under English Law - Jenny Payne and Dan Prentice