The role of enterprise principles in shaping management duties at times of crisis

Mevorach, Irit (2013) The role of enterprise principles in shaping management duties at times of crisis. European Business Organization Law Review, 14 (4). pp. 471-496. ISSN 1566-7529

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Abstract

The enterprise group form presents special risks of mismanagement when entities in the group are in financial trouble. At the same time, pursing a group interest might assist in resolving the financial difficulties. In any event, delineating rules for this situation is challenging, given the variety of group structures and potential erosion of the benefit of limited liability when the regulation targets the whole group. The conflict is between “entity law” (which addresses each group entity separately) and “enterprise principles” (which address the group as a whole). There is scope for crafting the “wrongful trading” provision, now being adopted as an international standard, to accommodate the group scenario. In this context, enterprise principles should function only to help ascertain the commercial reality, rather than to override entity law.

Item Type: Article
Schools/Departments: University of Nottingham UK Campus > Faculty of Social Sciences > School of Law
Identification Number: https://doi.org/10.1017/s1566752912001279
Depositing User: Evans, Gemma
Date Deposited: 02 Sep 2015 12:48
Last Modified: 15 Sep 2016 05:20
URI: http://eprints.nottingham.ac.uk/id/eprint/29758

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