Creditor Protection in Private Companies

Informationen zum Autor Thomas Bachner is Assistant Professor at the Vienna University of Economics and Business Administration. Klappentext Investigates mechanisms in English and German law that protect creditors against the abuse of limited liability by directors and shareholders.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. This book investigates the mechanisms found in English and German law that are designed to protect creditors from such risks. Inhaltsverzeichnis 1. Introduction; 2. Avoidance of acts that are detrimental to creditors; 3. Capital maintenance and unlawful distributions; 4. Directors' liability for contraventions of capital maintenance rules; 5. Directors' liability for conduct in the vicinity of insolvency; Conclusions.

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Investigates mechanisms in English and German law that protect creditors against the abuse of limited liability by directors and shareholders.

Résumé
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. This book investigates the mechanisms found in English and German law that are designed to protect creditors from such risks.

Contenu

1. Introduction; 2. Avoidance of acts that are detrimental to creditors; 3. Capital maintenance and unlawful distributions; 4. Directors' liability for contraventions of capital maintenance rules; 5. Directors' liability for conduct in the vicinity of insolvency; Conclusions.