106 research outputs found
The Impact of Emerging Preventive Restructuring Mechanisms on Directors’ Duties to Creditors in the Event of (Pre-)Insolvency in the UK and the Netherlands
Jurisdictions around the world are adjusting their insolvency laws with the aim to offer debtors in financial difficulties instruments that enable them to bring the company to a healthy state as soon as the problems arise. The rationale is that viable companies should have access to procedures that permit them to continue business, in whole or in part, by changing their capital structure as well as carrying out operational changes. Directors’ duties to creditors form a regular part of the laws concerning insolvency and therefore, a change in the insolvency laws will, arguably, have consequences for directors’ duties. In this paper, the impact of new preventive restructuring tools in the Netherlands and the UK on directors’ duties is discussed
The Directors' duty to File for Insolvency Proceedings in the European Commission's Proposal for Harmonising Insolvency Law: the Dutch Perspective
Op het snijvlak van het rechtspersonen- en overeenkomstenrecht.:Reactie op de bijdrage van K.A.M. van Vught aan de bundel Bestuursbesluiten
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