This article, that was recently published in INSOL, provides a comparison of directors’ duties between several European jurisdictions – England and Wales, Germany, Italy, the Czech Republic and the Slovak Republic. It explores the role of directors and their general duties and obligations in a going concern scenario and examines how those duties might change … Continue Reading
When can an insolvency practitioner pursue directors for declaring unlawful dividends? Does an insolvency practitioner need to demonstrate that the directors knew, or ought to have known, that the dividend was paid unlawfully, or is it a strict liability issue? Can director/shareholders rely on professionally prepared accounts to avoid liability?… Continue Reading
