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    Sequana: Directors' Duties in a Distressed Landscape
    2023-02-02

    In Short

    The Situation: Directors in England and Wales owe duties to the companies to which they are appointed (and may face personal liability for breaching such duties). Although the Companies Act 2006 obliges directors to maximise value for a company's shareholders, case law has suggested that directors should act in the interests of a company's creditors if a company becomes distressed.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Jones Day, Insolvency
    Authors:
    David Harding , Ben Larkin
    Location:
    United Kingdom
    Firm:
    Jones Day
    Sequana: Directors' Duties in a Distressed Landscape
    2023-02-02

    In Short

    The Situation: Directors in England and Wales owe duties to the companies to which they are appointed (and may face personal liability for breaching such duties). Although the Companies Act 2006 obliges directors to maximise value for a company's shareholders, case law has suggested that directors should act in the interests of a company's creditors if a company becomes distressed.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Jones Day, Insolvency
    Authors:
    David Harding , Ben Larkin
    Location:
    United Kingdom
    Firm:
    Jones Day
    Sequana: Directors' Duties in a Distressed Landscape
    2023-02-02

    In Short

    The Situation: Directors in England and Wales owe duties to the companies to which they are appointed (and may face personal liability for breaching such duties). Although the Companies Act 2006 obliges directors to maximise value for a company's shareholders, case law has suggested that directors should act in the interests of a company's creditors if a company becomes distressed.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Jones Day, Insolvency
    Authors:
    David Harding , Ben Larkin
    Location:
    United Kingdom
    Firm:
    Jones Day
    Sequana: Directors' Duties in a Distressed Landscape
    2023-02-02

    In Short

    The Situation: Directors in England and Wales owe duties to the companies to which they are appointed (and may face personal liability for breaching such duties). Although the Companies Act 2006 obliges directors to maximise value for a company's shareholders, case law has suggested that directors should act in the interests of a company's creditors if a company becomes distressed.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Jones Day, Insolvency
    Authors:
    David Harding , Ben Larkin
    Location:
    United Kingdom
    Firm:
    Jones Day
    Court Rules That Initial Transfer Need Not Be Avoided Before Recovery From Subsequent Transferee
    2023-04-18

    The United States Bankruptcy Court for the Southern District of New York has ruled that a creditor or trustee seeking to recover a subsequent transfer under Section 550(a) of the Bankruptcy Code need not obtain a judgment of avoidance against the subsequent transferee before proceeding with the recovery action.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Jones Day
    Authors:
    Heather Lennox , Bruce Bennett , Ben Rosenblum , Michael C. Schneidereit , Nicholas C.E. Walter
    Location:
    USA
    Firm:
    Jones Day
    Sequana: Directors' Duties in a Distressed Landscape
    2023-02-02

    In Short

    The Situation: Directors in England and Wales owe duties to the companies to which they are appointed (and may face personal liability for breaching such duties). Although the Companies Act 2006 obliges directors to maximise value for a company's shareholders, case law has suggested that directors should act in the interests of a company's creditors if a company becomes distressed.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Jones Day, Insolvency
    Authors:
    David Harding , Ben Larkin
    Location:
    United Kingdom
    Firm:
    Jones Day
    Sequana: Directors' Duties in a Distressed Landscape
    2023-02-02

    In Short

    The Situation: Directors in England and Wales owe duties to the companies to which they are appointed (and may face personal liability for breaching such duties). Although the Companies Act 2006 obliges directors to maximise value for a company's shareholders, case law has suggested that directors should act in the interests of a company's creditors if a company becomes distressed.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Jones Day, Insolvency
    Authors:
    David Harding , Ben Larkin
    Location:
    United Kingdom
    Firm:
    Jones Day
    Sequana: Directors' Duties in a Distressed Landscape
    2023-02-02

    In Short

    The Situation: Directors in England and Wales owe duties to the companies to which they are appointed (and may face personal liability for breaching such duties). Although the Companies Act 2006 obliges directors to maximise value for a company's shareholders, case law has suggested that directors should act in the interests of a company's creditors if a company becomes distressed.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Jones Day, Insolvency
    Authors:
    David Harding , Ben Larkin
    Location:
    United Kingdom
    Firm:
    Jones Day
    Sequana: Directors' Duties in a Distressed Landscape
    2023-02-02

    In Short

    The Situation: Directors in England and Wales owe duties to the companies to which they are appointed (and may face personal liability for breaching such duties). Although the Companies Act 2006 obliges directors to maximise value for a company's shareholders, case law has suggested that directors should act in the interests of a company's creditors if a company becomes distressed.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Jones Day, Insolvency
    Authors:
    David Harding , Ben Larkin
    Location:
    United Kingdom
    Firm:
    Jones Day
    Sequana: Directors' Duties in a Distressed Landscape
    2023-02-02

    In Short

    The Situation: Directors in England and Wales owe duties to the companies to which they are appointed (and may face personal liability for breaching such duties). Although the Companies Act 2006 obliges directors to maximise value for a company's shareholders, case law has suggested that directors should act in the interests of a company's creditors if a company becomes distressed.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Jones Day, Insolvency
    Authors:
    David Harding , Ben Larkin
    Location:
    United Kingdom
    Firm:
    Jones Day

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