This one-day course in two sessions is aimed at those wishing to develop an understanding of all aspects of being a private company director, from the positives to the warning signs and consequences of difficulties. It will be particularly useful for corporate and litigation lawyers, company secretaries advising directors and directors themselves.
The day uses a realistic case study and recent case law examples (such as Dickinson v NAL (2017)) to explore how directors should run private companies and what happens when they get it wrong.
Uniquely, the sessions are run by two different experts to give delegates the benefit of differing perspectives.
The first trainer delivers corporate finance and corporate law courses to lawyers and non-lawyers and her style is very interactive and visual. She trained as a corporate finance solicitor at Clifford Chance and qualified there, working on main market floats and takeovers as well as being seconded to Collins Stewart stockbrokers. At Gouldens (now Jones Day).
She worked on a variety of AIM transactions including floats, secondary fundraisings and takeovers. During her time at Gouldens, she was seconded to Hanson plc to assist as temporary deputy counsel and with Hanson's European brick business sale. Since 2003, she has been teaching and training: for the first 8 years at BPP Law School and latterly on a freelance basis for a variety of universities, law firms and training companies. She is a consultant professional support lawyer for some law firms and a recommended member of the Legal Education and Training Group.
The second trainer has specialised in credit, debt and insolvency work since 1987, and has extensive experience in dealing with the full range of these procedures. Prior to setting up his own consultancy, he was a business recovery and insolvency partner at a major law firm. As well as acting as a consultant to the legal profession, he also pursues many other projects in the legal, insolvency and credit fields and is a visiting lecturer at the University of Law.
This session includes:
The most likely outcome is disqualification for ‘unfitness’ in the context of corporate insolvency.
This session explores what unfitness means: who can seek a disqualification order and how directors are prosecuted. In addition, other areas of potential liability for the errant director are considered, notably wrongful trading and misfeasance. We shall also look at proactive steps that can be taken to avoid potential action.
The session will include:
These areas are particularly topical given recent changes in the whole field of insolvency law (pursuant to the Small Business Enterprise and Employment Act 2015 implementing legislation).
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