Keay, A (2020) Financially Distressed Companies, Preferential Payments and the Director’s Duty to Take Account of Creditors’ Interests. Law Quarterly Review, 136. pp. 52-76. ISSN 0023-933X
Abstract
Considers whether liquidators of financially distressed companies can claim against a director under the Companies Act 2006 s.172(3) where the director made a payment to a creditor, even where the creditor is given preference. Reviews the conditions needed under the Insolvency Act 1986 for a successful claim against a creditor before liquidation, whether preferential payments can be challenged under s.172, and the problems this may create.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © 2020 Thomson Reuters. This is a pre-copyedited, author-produced version of an article accepted for publication in Law Quarterly Review following peer review. The definitive published version: ANDREW, K. 2020. Financially distressed companies, preferential payments and the director's duty to take account of creditors' interests. Law Quarterly Review, 136, 52-76. is available online on Westlaw UK or from Thomson Reuters DocDel service . |
Keywords: | Companies; Creditors' rights; Directors' powers and duties; Distress; Liquidators' powers and duties; Preferences |
Dates: |
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Institution: | The University of Leeds |
Depositing User: | Symplectic Publications |
Date Deposited: | 28 Feb 2019 11:13 |
Last Modified: | 01 Jan 2021 01:38 |
Status: | Published |
Publisher: | Sweet and Maxwell |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:143044 |