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Level 7 Diploma in International Business Law

Directors' Responsibilities in Financial Distress

IBL705 · Company Law — Week 9 of 16

CourseIBL705
Week9 of 16
SemesterII
TutorOnline in the course chat

This week’s topics

Directors' Responsibilities in Financial Distress

  1. Shift of directors' fiduciary duties to creditors under the Sequana doctrine
  2. Wrongful and fraudulent trading provisions under the Insolvency Act 1986
  3. Grounds and proceedings for director disqualification under the CDDA 1986
  4. Wrongful Trading | Company Law
  5. Fraudulent Trading | Company Law
  6. Director Disqualification | Business Law & Practice | SQE Prep

What you will be able to do

  • 2.3 Analyse the directors’ responsibilities to creditors of the company in financial distress.
  • 2.4 Analyse the mechanisms for disqualifications of directors.

Activity

Start with this week’s 3 videos, then: Seminar, guided reading and a short written task: analyse the directors’ responsibilities to creditors of the company in financial distress.

Study materials

Videos

  • Wrongful Trading | Company Law · YouTube · The Law Academy · 32 min · for registered students
  • Fraudulent Trading | Company Law · YouTube · The Law Academy · 20 min · for registered students
  • Director Disqualification | Business Law & Practice | SQE Prep · YouTube · The Law Academy · 9 min · for registered students
  • BTI 2014 LLC v Sequana SA and others [2022] UKSC 25 · YouTube · UKSupremeCourt · 9 min · for registered students

Further resources

  • BTI 2014 LLC v Sequana SA [2022] UKSC 25 · PDF · Other, case law; 160 pages · for registered students
  • Insolvency Act 1986 · Reading · legislation.gov.uk, legislation · for registered students
  • Company Directors Disqualification Act 1986 · Reading · legislation.gov.uk, legislation · for registered students
Materials marked “for registered students” open in the student portal, which is set up as soon as you receive final acceptance.
MidtermWeek 10
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Course plan
  • Week 1: Comparative Business Structures
  • Week 2: Corporate Formation and Constitutional Documents
  • Week 3: Corporate Personality and the Veil of Incorporation
  • Week 4: Corporate Governance and Board Dynamics
  • Week 5: Directors' General Duties and Liabilities
  • Week 6: Shareholder Decision-Making and Governance Rights
  • Week 7: Minority Shareholder Protection
  • Midterm: Midterm evaluation
  • Week 9: Directors' Responsibilities in Financial Distress
  • Week 10: Auditing and Corporate Accountability
  • Week 11: Corporate Insolvency, Liquidation, and Distribution
  • Week 12: Applying Company Law in practice: case studies
  • Week 13: Assignment workshop: research, planning and referencing
  • Week 14: Assignment workshop: drafting, feedback and improvement
  • Week 15: Review and coursework completion
  • Final: Final assessment and submission
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