Boland, Michael James (2023) The Codification of the Directors Duty to Consider the Interests of Creditors in Irish Company Law. Cork Online Law Review. pp. 1-3.

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Abstract

This blog post considers the codification of the directors' duty to consider the interests of creditors. Although it is well-established as one of the fiduciary duties of directors, the duty to have regard to the interests of creditors when the company is insolvent or is approaching insolvency was only placed on a statutory footing in 2022 and is now provided for in Section 224A of the Companies Act 2014. This blog post will consider the background to the new statutory provision as well as its contents and its implications for practice. It will also consider briefly whether guidance on the operation of the newly codified duty can be drawn from recent jurisprudence of the UK Supreme Court concerning a similar directors’ duty in English law.

Item Type:	Article
Additional Information:	https://www.corkonlinelawreview.com/single-post/the-codification-of-the-directors-duty-to-consider-the-interests-of-creditors-in-irish-company-law
Keywords:	Codification; Directors Duty; Creditors; Irish Company Law;
Academic Unit:	Faculty of Social Sciences > Law
Item ID:	18992
Depositing User:	Michael Boland
Date Deposited:	09 Oct 2024 11:54
Journal or Publication Title:	Cork Online Law Review
Publisher:	Cork Online Law Review
Refereed:	Yes
URI:	Publisher
Use Licence:	This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available here

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