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Administration is an insolvency procedure whereby an ailing company is able to be reorganised in such a way that it can primarily be “rescued as a going-concern” or secondarily have its assets realised in such a way that a better result could be achieved for its creditors than if the company were wound-up straight away.
One of the most stressful situations that a company director can face is their business becoming insolvent. With the worry of fighting to keep the organisation from falling into administration or being wound up, it is easy to forget that directors’ duties remain applicable. In fact, the risks and responsibilities increase when a company is […]
This piece focuses on how complying with directors’ duties fits into good corporate governance. Before we begin discussing corporate governance, let’s remind ourselves of the directors’ duties under 172 of the Companies Act 2006, namely: To act within powers. To promote the success of the company. To exercise independent judgment. To exercise reasonable care, skill, […]
A Shareholders’ Agreement is a vital legal document designed to protect the interests of a company and its shareholders. Drafted by experienced shareholder dispute solicitors, this agreement ensures transparency, outlines decision-making processes, and provides a framework for resolving disputes. It also demonstrates to potential investors that your business is well-managed and stable. For startups, establishing […]
What is covered by Directors’ and Officers’ Liability Insurance? The Companies Act 2006 provides for several director’s duties that could give rise to a civil claim if breached. Directors must: act in accordance with the company’s articles of association only exercise powers for the purposes for which they are conferred promote the success of the […]
Rashid Gaissin and Waleed Tahirkheli recently travelled to Astana, Kazakhstan to attend client meetings, and deepen Eldwick’s presence within the region. During their trip, they visited the AIFC (Astana International Financial Centre): a financial hub for not only Central Asian countries, but the Caucasus, Middle East, Europe and China. Rashid Gaissin and Waleed Tahirkheli were […]
We specialise in resolving shareholder conflicts through advice, negotiation, and litigation, ensuring our clients’ rights and interests are protected within the company. [contact] What are directors’ duties? All company directors must comply with the directors’ duties set out in Chapter 2 of Part 10 of the Companies Act (CA) 2006. These are: To act within […]
Linde GMBH v. Ruschemalliance LLC [2023] HKCFI 2409 In this article we will discuss the impact of Russian sanctions on commerce and trade, particularly situations where there is an Arbitration Agreement between the parties. Anti-Suit and Anti-Anti-Suit Injunctions in UK Law In our previous article, we discussed the decision in Renaissance Securities (Cyprus) Ltd v Chlodwig […]
What is the Fixed Costs Regime? The fixed recoverable costs (FRC) regime sets the amount of legal costs that the winning party can claim back from the losing party in civil litigation. In proceedings today, it is not uncommon for costs to amount to nearly the same or exceed any sum awarded by a court. […]
