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Disqualification Undertakings

Disqualification Undertakings Law, Policy and Practice

Author: Richard Williams
Publisher: LexisNexis U.K.
ISBN: 9781846611346
Published In: February 2011
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Authoritative and practical guidance on navigating the undertakings system and the procedures for applying for leave of an undertaking

Company directors found to have committed unfit conduct are subject to disqualification from directorships. Where a director offers a disqualification undertaking themselves, they avoid a full hearing of the matter and also typically receive a discounted period of disqualification from the court.

Disqualification Undertakings: Law, Policy and Practice provides authoritative and practical guidance on navigating the undertakings system and the procedures for applying for leave of an undertaking. This is combined with empirical research on reasons cited in schedules of unfit conduct and periods of disqualification, enabling practitioners to advise clients on the most effective strategies when negotiating terms of undertakings.

Disqualification Undertakings: Law, Policy and Practice is the only book focusing solely on undertakings; with the number of corporate insolvencies likely to rise over the next few years, this is an ideal volume for those advising the increasing number of people disqualified from directorships.

Table of Cases
Table of Statutes
Table of Statutory Instruments
Introduction

Disqualification Undertakings in Context
The Scope and Nature of Disqualification for Unfitness
Disqualification Undertakings
Unfit Conduct
Disqualification Undertakings in Practice
Variation or Termination of Disqualification Undertakings
Leave of Disqualification
Conclusion

Appendix 1

Company Directors Disqualification Act 1986

Appendix 2

Companies Act 2006

Appendix 3

Insolvent Companies (Disqualification of Unfit Directors) Proceedings Rules 1987

Appendix 4

Insolvent Companies (Reports on Conduct of Directors) Rules 1996

Appendix 5

Practice Direction: Directors Disqualification Proceedings

Index

Richard Williams, Fellow and Director of Studies in Law, Homerton College, Cambridge

"It delivers a comprehensive description of the legal framework but also analyses the effectiveness of the disqualification undertakings system and reflects on whether the political goals behind the undertakings system were met.

The book is very well suited for practitioners who advise their clients on undertaking matters. It offers a wide range of information on the undertakings system in general and on the procedures for applying for leave of an undertaking ... the book is very useful for all practitioners, who advise on this difficult subject."

German-British Chamber of Industry & Commerce