Hardback
Corporate Governance and Insolvency
Accountability and Transparency
9781788979337 Edward Elgar Publishing
This important book provides a comprehensive analysis of governance issues that exist in relation to the management of insolvent companies, both while an insolvent company is still controlled by the directors and when it passes into the hands of an insolvency practitioner in a formal insolvency regime. Throughout, the authors argue that the two most important features of corporate governance are transparency and accountability and offer a detailed analysis of the relevant law and practice.
More Information
Critical Acclaim
Contents
More Information
This important book provides a comprehensive analysis of governance issues that exist in relation to the management of insolvent companies, both while an insolvent company is still controlled by the directors and when it passes into the hands of an insolvency practitioner in a formal insolvency regime. Throughout, the authors argue that the two most important features of corporate governance are transparency and accountability and offer a detailed analysis of the relevant law and practice.
Key Features:
• Examination of the position of all stakeholders in an insolvent company, both before and during an insolvency regime
• Specialist explanation of what corporate governance entails and the recent developments that have occurred in relation to corporate governance as it affects insolvent companies
• In-depth consideration of the role of creditors, shareholders, the Insolvency Service, special managers and creditors’ committees during periods of insolvency as well as the role and functions of directors and insolvency practitioners who are the main focus
Offering critical advice and bringing awareness of important issues, Corporate Governance and Insolvency will be a key reference work for lawyers and insolvency practitioners. The legal analysis provided will also be valuable to academics and students of corporate and insolvency law and governance.
Key Features:
• Examination of the position of all stakeholders in an insolvent company, both before and during an insolvency regime
• Specialist explanation of what corporate governance entails and the recent developments that have occurred in relation to corporate governance as it affects insolvent companies
• In-depth consideration of the role of creditors, shareholders, the Insolvency Service, special managers and creditors’ committees during periods of insolvency as well as the role and functions of directors and insolvency practitioners who are the main focus
Offering critical advice and bringing awareness of important issues, Corporate Governance and Insolvency will be a key reference work for lawyers and insolvency practitioners. The legal analysis provided will also be valuable to academics and students of corporate and insolvency law and governance.
Critical Acclaim
‘While the book is highly technical and addresses a specific aspect of insolvency law, the accessibility of the language used will benefit researchers or students new to this top. Overall, this work deserves a place on the shelves of anyone with an interest in the corporate governance aspects of insolvency law. In particular, the book will appeal to lawyers and insolvency practitioners, as well as domestic and international higher-education students, early career academics, as well as more senior scholars.’
– International Company and Commercial Law Review (ICCLR)
‘This book, written by three well-credentialed UK lawyers, is an ambitious and important project. While the book is written with mostly English law references, it is relevant for Australian readers. This is particularly so, as Australia and many other parts of the world enter a less certain time for companies under pressure with longer-term pandemic impact and rising interest rates. There is much that may be learned from observing how other jurisdictions deal with common problems.I recommend this book for your considered reading.’
– David Morrison, Insolvency Law Review Journal
‘The book comes with a powerful endorsement in the foreword from Sir Alistair Norris. The book is geared primarily towards a specialist audience of lawyers and insolvency practitioners, who will find the comprehensive and detailed practical guidance provided in the book as a most helpful support in their work. For its accurate and comprehensive analysis of case law and doctrinal issues, the book is an equally highly recommended addition to the libraries of a more academic audience of scholars and researchers. As mentioned by the Hon. Mr. Justice Zaccaroli in his endorsement, the analysis is delivered in plain English with clear and practical guidance and the work comes as highly recommended. Researchers or students who are approaching this topic for the first time should not be discouraged by the technical nature of the topic, as the first five chapters provide a comprehensive, accurate but easy-to-understand explanations of the foundational topics covered in it. Such a clear analysis of complex issues had only been possible thanks to the expertise and knowledge of its authors.’
– Eugenio Vaccari, International Insolvency Review
‘This book provides a comprehensive yet highly readable account of all aspects of corporate governance as it applies to companies either in or on the verge of insolvency. It is highly recommended to directors, insolvency practitioners and those advising them for its in-depth treatment of difficult subjects such as the meaning of insolvency and the content and timing of the directors’ duty to take account of creditors’ interests, all delivered in plain English and with clear and practical guidance.’
– The Honourable Mr Justice Zacaroli, a Justice of the High Court, Chancery Division
‘An illuminating work, lucid and insightful, on an important – yet overlooked – topic. When a company is insolvent, whether before or after the commencement of a formal insolvency process, what duties are owed and by whom? Where does accountability lie? Who are the relevant stakeholders? This book focuses on the roles of not only officers and insolvency practitioners, but also those of the regulators, the Insolvency Service and the official receiver. It is an essential point of reference for lawyers and IPs alike.’
– Marcia Shekerdemian QC, Wilberforce Chambers, UK
– International Company and Commercial Law Review (ICCLR)
‘This book, written by three well-credentialed UK lawyers, is an ambitious and important project. While the book is written with mostly English law references, it is relevant for Australian readers. This is particularly so, as Australia and many other parts of the world enter a less certain time for companies under pressure with longer-term pandemic impact and rising interest rates. There is much that may be learned from observing how other jurisdictions deal with common problems.I recommend this book for your considered reading.’
– David Morrison, Insolvency Law Review Journal
‘The book comes with a powerful endorsement in the foreword from Sir Alistair Norris. The book is geared primarily towards a specialist audience of lawyers and insolvency practitioners, who will find the comprehensive and detailed practical guidance provided in the book as a most helpful support in their work. For its accurate and comprehensive analysis of case law and doctrinal issues, the book is an equally highly recommended addition to the libraries of a more academic audience of scholars and researchers. As mentioned by the Hon. Mr. Justice Zaccaroli in his endorsement, the analysis is delivered in plain English with clear and practical guidance and the work comes as highly recommended. Researchers or students who are approaching this topic for the first time should not be discouraged by the technical nature of the topic, as the first five chapters provide a comprehensive, accurate but easy-to-understand explanations of the foundational topics covered in it. Such a clear analysis of complex issues had only been possible thanks to the expertise and knowledge of its authors.’
– Eugenio Vaccari, International Insolvency Review
‘This book provides a comprehensive yet highly readable account of all aspects of corporate governance as it applies to companies either in or on the verge of insolvency. It is highly recommended to directors, insolvency practitioners and those advising them for its in-depth treatment of difficult subjects such as the meaning of insolvency and the content and timing of the directors’ duty to take account of creditors’ interests, all delivered in plain English and with clear and practical guidance.’
– The Honourable Mr Justice Zacaroli, a Justice of the High Court, Chancery Division
‘An illuminating work, lucid and insightful, on an important – yet overlooked – topic. When a company is insolvent, whether before or after the commencement of a formal insolvency process, what duties are owed and by whom? Where does accountability lie? Who are the relevant stakeholders? This book focuses on the roles of not only officers and insolvency practitioners, but also those of the regulators, the Insolvency Service and the official receiver. It is an essential point of reference for lawyers and IPs alike.’
– Marcia Shekerdemian QC, Wilberforce Chambers, UK
Contents
Contents: Foreword by Sir Alastair Norris Preface 1. Introduction to Corporate Governance and Insolvency 2. The meaning and features of corporate governance 3. Introduction to insolvency 4. Governance where the company is insolvent but not in an insolvency regime 5. Decision-making in insolvent regimes 6. Directors in formal insolvency 7. The role and work of insolvency practitioners in insolvent regimes 8. The control of insolvency practitioners 9. Creditors’ and liquidation committees 10. Special managers 11. Role of the Insolvency Service Index
