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Director and Officer Liability in the Zone of Insolvency; A Comparative Analysis
(2008)
It is the duty of the directors of a company to run the business of the company in the best interests of the company and its shareholders. In principle, the company, alone, is responsible for the debts incurred in the ...
Viewing the proposed South African Business Rescue Provisions from an Australian Perspective
(2008)
This article makes some comparisons between the Australian corporate rescue provisions and those proposed to be adopted in South Africa in the Companies Bill 2007. By so doing it may assist in the debate in South Africa ...
The Righteous Bankruptcy Trustee: The influence of creditors on the appointment of a bankruptcy trustee from a Netherlands perspective.
(2008)
In this contribution the topic of integrity of the bankruptcy trustee is being dealt with from a Dutch perspective, more specifically from the point of view of the creditors and their (lack of) influence on the appointment ...
Cross-Border Insolvency Law in Europe: Present Status and Future Prospects
(2008)
In May 2007 the European countries celebrated the first lustrum of the EU Insolvency Regulation (1346/2000). This article describes where Europe stands with its model which is based on well known theories of private ...
Crossborder jurisdiction and assistance in insolvency: The position in Malaysia and Singapore
(2008)
Malaysia and Singapore are members of the common law family and have 'inherited' their company and insolvency law from models in use in the United Kingdom with influences from Australia. It is the purpose of this article ...
Challenge and Opportunity: the ALI/III Global Principles Project
(2008)
This article deals with an international project to establish the extent to which it is feasible to achieve a worldwide acceptance of the Principles of Cooperation among the NAFTA Countries together with the Guidelines ...