Abstract
Directive (EU) 2019/1023 on restructuring and insolvency requires member states to ensure that, where there is a likelihood of insolvency, directors have due regard for the interests of creditors, equity holders, and other stakeholders. In this paper, the author analyzes the legal position and interests of creditors and other stakeholders when there is a risk of insolvency and briefly addresses the legal mechanisms of corporate law that are directed to protect the interests of creditors and other stakeholders. The author also analyzes the content of directors' duty as required by the Directive and the constraints and legal challenges of enforcement of the directors' duty to act in the interests of creditors and other stakeholders.
Publisher
Centre for Evaluation in Education and Science (CEON/CEES)
Reference42 articles.
1. Armour, J. et al. 2009. Private Enforcement of Corporate Law: An Empirical Comparison of the UK and US. ECGI Working Paper Series in Finance, Working Paper N° 234;
2. Barbić, J. 2007. Pravo društava, knjiga druga, Društva kapitala. 4. izdanje. Zagreb: Organizator;
3. Choudhury, B. & Petrin, M. 2019. Corporate Duties to Public. Cambridge: Cambridge University Press. doi: https://doi.org/10.1017/9781108377072;
4. Davies, P. 2006. Directors' Creditor-Regarding Duties in Respect of Trading Decisions Taken in the Vicinity of Insolvency. European Business Organization Law Review, 7(1), pp. 301-337. doi: https://doi.org/10.1017/S1566752906003016;
5. Enriques, L. et al. 2017. The Basic Governance Structure: Minority Shareholders and Non-Shareholder Constituencies in: Kraakman, R. et al. (eds), The Anatomy of Corporate Law -A Comparative and Functional Approach. Third Edition. Oxford: Oxford University Press, pp. 79-143;