Director And Officer Liability In Corporate Insolvency

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Director and Officer Liability in Corporate Insolvency: A ...

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1611271

May 18, 2010 · This book's second edition covers the various sources of personal liability faced by company directors and officers during corporate insolvencies, and identifies the pitfalls to avoid and best practices to adopt. The authors address the latest and most significant legislative amendments, and provide an in-depth analysis of current case law.Author: Ronald B. Davis, Janis P. Sarra

Timing Is Everything: Liability of Directors and Officers ...

https://www.sgrlaw.com/ttl-articles/893/

Under the “deepening insolvency” theory, if the directors and officers expand corporate debt and prolong the life of a corporation, the directors and officers may be held liable because the continued operations of the corporation have the effect of increasing losses and deepening the corporation’s insolvency, thereby further reducing the value of the corporate assets and injuring the creditors.

COVID-19: potential liability of directors and officers of ...

https://www.torys.com/insights/publications/2020/04/covid-19-potential-liability-of-directors-and-officers-of-insolvent-companies

Apr 21, 2020 · Insolvency is of particular concern for directors and officers because: a) there may be heightened risk of personal liability in such circumstances, including by reason of additional duties or obligations arising under applicable insolvency legislation; b) some protections customarily available to directors and officers—such as indemnification from the company—may be of little or no comfort …

Liability-Minimizing Considerations for Directors of ...

https://www.wsgr.com/en/insights/liability-minimizing-considerations-for-directors-of-distressed-or-insolvent-companies-to-evaluate-in-discharging-their-fiduciary-duties.html

Directors and officers can incur personal liability under federal securities laws for selling their stock in the corporation prior to public disclosure of the corporation’s problems. Stock offerings by the corporation without adequate disclosures can also result in personal liability for the officers and directors. ERISA Matters. ERISA fiduciary liability attaches if the ERISA plan expressly designates a person as a …

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