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European Business Organization Law Review (EBOR) (1)

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Trading in the Vicinity of Insolvency
Gerald Spindler
Journal:

European Business Organization Law Review (EBOR) / Volume 7 / Issue 1 / March 2006

Published online by Cambridge University Press:

21 June 2006, pp. 339-352

Print publication:

March 2006
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The Paper deals with the incentive structures for directors in the vicinity of insolvency. Distinctions between closely held and public corporations are discussed as well as the application of business judgement rules to decisions of directors in the vicinity of insolvency, in particular with regard to the solvency test. Finally stress is laid on procedural issues such as enforcement of director's liability without formal insolvency procedures.