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Corporate Governance and Insolvency

Hardback

Corporate Governance and Insolvency

Accountability and Transparency

9781788979337 Edward Elgar Publishing
Andrew Keay, Professor of Corporate and Commercial Law, School of Law, University of Leeds and Barrister, Kings Chambers and 9 Stone Buildings, Lincoln's Inn, Peter Walton, Professor of Insolvency Law, Wolverhampton Law School, University of Wolverhampton and Joseph Curl QC, Barrister, 9 Stone Buildings, Lincoln's Inn and Deputy Insolvency and Companies Court Judge, England and Wales
Publication Date: February 2022 ISBN: 978 1 78897 933 7 Extent: c 448 pp
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.

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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 include:

• 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
‘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
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