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Transaction Avoidance in Insolvencies$
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Transaction Avoidance in Insolvencies

Rebecca Parry, James Ayliffe, Sharif Shivji, Hamish Anderson, and William Trower

Print publication date: 2018

Print ISBN-13: 9780198793403

Published to Oxford Scholarship Online: March 2021

DOI: 10.1093/oso/9780198793403.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use.date: 16 May 2022

Office Holder Claims

Office Holder Claims

Chapter:
(p.457) 19 Office Holder Claims
Source:
Transaction Avoidance in Insolvencies
Author(s):

Rebecca Parry

Sharif Shivji

Guy Olliff-Cooper

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198793403.003.0023

Office holder claims under the Insolvency Act 1986 present an important alternative, or additional, means of recovering assets in corporate insolvency cases. Section 212 provides a summary procedure that allows office holders, creditors, and contributories to bring claims against officers, former office holders and other persons involved in the promotion, formation, or management of the company. Section 213 provides for a civil remedy against directors and knowing parties for fraudulent trading; and section 214 enables claims to be brought against directors for ‘wrongful trading’ after a company should have entered liquidation or administration.

Keywords:   attribution, availability, discretion, fraudulent trading, illegality defence, limitation, misfeasance, negligence, secret profit, statutory defence, trading, ultra vires, wrongful trading

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