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Creditor Protection in Private Companies

Creditor Protection in Private Companies: Anglo-German Perspectives for a European Legal Discourse

Creditor Protection in Private Companies Anglo-German Perspectives for a European Legal Discourse

Author: Thomas Bachner
Publisher: Cambridge University Press
ISBN: 9780521895385
Published In: May 2009
Format: Hardback
Jurisdiction: Europe ? Disclaimer:
Countri(es) stated herein are used as reference only

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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, particularly in closely held or private companies. Like all developed legal systems, English and German law both provide mechanisms designed to protect creditors from such risks.

This book investigates some of these mechanisms, including the avoidance of pre-insolvency acts, capital maintenance and creditor-regarding duties of directors. By analysing the different conceptual and doctrinal perspectives inherent in the English and German systems, this book seeks to advance a discourse between audiences with different legal backgrounds. It will be an invaluable guide for those wishing to understand how the protective mechanisms operate and interact with each other, and how they do so in quite different ways in the two jurisdictions.

The English language’s first treatment of this aspect of German law
Written by an expert with hands-on experience of EU law-making
Offers a fresh perspective on a debate where the traditional focus has been restricted to company law

Contents:: 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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