By Thomas Bachner
Restricted legal responsibility businesses shape the spine of our sleek economic climate. despite the fact that, there's a chronic possibility of ethical chance at the a part of administrators and shareholders, relatively in heavily held or deepest businesses. like every constructed felony platforms, English and German legislations either supply mechanisms designed to guard collectors from such hazards. This ebook investigates a few of these mechanisms, together with the avoidance of pre-insolvency acts, capital upkeep and creditor-regarding tasks of administrators. by way of analysing the several conceptual and doctrinal views inherent within the English and German structures, this e-book seeks to boost a discourse among audiences with various criminal backgrounds. it is going to be a useful consultant for these wishing to appreciate how the protecting mechanisms function and engage with one another, and the way they achieve this in rather alternative ways within the jurisdictions.
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Extra resources for Creditor Protection in Private Companies: Anglo-German Perspectives for a European Legal Discourse (International Corporate Law and Financial Market Regulation)
Example text
C. 111, passed on the same day in 1844 as the famous act which introduced the incorporation of companies through registration. Companies (Consolidation) Act 1908; Companies Act 1929; Companies Act 1948; Companies Act 1985. Bankruptcy Act 1869; Bankruptcy Act 1883; Bankruptcy Act 1914. There were occasional cross-references from the company insolvency regime to the bankruptcy regime for individuals, notably s. 320 of the Companies Act 1948, whose effect it was to make the rules on fraudulent preferences laid down in s.
When the Danish authorities refused to register their (single) place of business as the Danish branch office of the English company, the couple appealed successfully to the European Court of Justice. The Court accepted the argument that a company formed under the laws of one Member State with a view to carrying on its business exclusively in another Member State had a right to do so under the principle of freedom of establishment enshrined in Articles 43 and 48 of the EC Treaty. 3 Against the seemingly unassailable authority of that case, even scholars who had previously 1 2 3 Centros Ltd v Erhvervs- og Selskabsstyrelsen [1999] ECR I-1459.
172); see now Gower & Davies’ Company Law (8th edn 2008), 519–523. Ibid. 8th edn 2008, ch. 13. , ch. 32. Brian Cheffins, Company Law (1997), ch. 11; Paul Davies, Introduction to Company Law (2002), ch. , Anatomy of Corporate Law (2004), ch. 4. 10 c r ed ito r pr o te c t io n i n p r iv a te c omp an i e s In England, the connection between company law and corporate insolvency law has long been evident, not least in the legislative history. The ‘Insolvency Act 1986’, despite this being its official short title (s.