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Directors' Duty for the Benefit of Creditors
germană
305 b
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The quest for adequate creditor protection rules applicable to an English private limited company established in Germany in conformity with EU law has not come to an end yet. By focusing on Directorsż Duty for the Benefit of Creditors, the work looks at an English creditor protection measure which has not received much attention neither in Germany nor in England so far. The English case law is systematised and examined in detail in order to assess the relevance of this fiduciary duty for the protection of creditors in Germany. Consideration is given to economic and comparative analysis as well as to the question how the Duty for the Benefit of Creditors in Germany will be applied in German legal practice. It is suggested that the Duty for the Benefit of Creditors is potentially the most important instrument for the protection of creditors of an Englisch private limited company established in Germany.
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