Directors' duty to consider the interests of creditors and other stakeholders when there is a likelihood of insolvency
| Autor: | Irena M. Radić |
|---|---|
| Jazyk: | angličtina |
| Rok vydání: | 2021 |
| Předmět: |
likelihood of insolvency
Insolvency Restructuring Creditor media_common.quotation_subject K520-5582 Comparative law. International uniform law 010501 environmental sciences 01 natural sciences stakeholders Corporate law Enforcement Duty 0105 earth and related environmental sciences Law and economics media_common 040101 forestry Law of Europe Equity (finance) 04 agricultural and veterinary sciences Directive KJ-KKZ vicinity of insolvency directors' duties 0401 agriculture forestry and fisheries Business interests of creditors |
| Zdroj: | Strani pravni život, Vol 2021, Iss 1, Pp 139-158 (2021) |
| ISSN: | 2620-1127 0039-2138 |
| Popis: | Directive (EU) 2019/1023 on restructuring and insolvency requires member states to ensure that, where there is a likelihood of insolvency, directors have due regard for the interests of creditors, equity holders, and other stakeholders. In this paper, the author analyzes the legal position and interests of creditors and other stakeholders when there is a risk of insolvency and briefly addresses the legal mechanisms of corporate law that are directed to protect the interests of creditors and other stakeholders. The author also analyzes the content of directors' duty as required by the Directive and the constraints and legal challenges of enforcement of the directors' duty to act in the interests of creditors and other stakeholders. |
| Databáze: | OpenAIRE |
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