Du Plessis Jean J. - Disqualification of company directors : a comparative analysis of the law in the UK, Australia, South Africa, the US, and Germany

This book provides a clear overview of the legal rules relating to directors disqualification in Australia, Germany, South Africa, the UK and the US, high-lighting the differences in the disqualification regimes of these jurisdictions. The book seeks to determine whether disqualification on application should be developed further as a corporate law and corporate governance tool to ensure that individuals who have a proven record of posing a particular risk to the business community, shareholders and creditors are indeed disqualified from being directors. The book is unique as it provides a single source where the disqualification regimes of all these jurisdictions are explored and compared.

The book will be of interest to scholars of corporate law, regulators and policy-makers. It will also be of particular interest to senior managers and directors to determine precisely what the laws regarding disqualification of company directors are, and what type of behaviour might expose them to potential disqualification.

Jean Jacques du Plessis is a Professor of Corporate Law in the Deakin Law School at Deakin University, Australia, where he teaches in the areas of corporate governance, corporate law and business law.

Jeanne Nel de Koker teaches corporations law and marketing law at an undergraduate level and corporate governance at a postgraduate level at Deakin University, Australia.

A Comparative Analysis of the Law in the UK, Australia, South Africa, the US and Germany

Edited by
Jean Jacques du Plessis and
Jeanne Nel de Koker

First published 2017
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN

and by Routledge
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Routledge is an imprint of the Taylor & Francis Group, an informa business

2017 selection and editorial matter, Jean Jacques du Plessis and Jeanne Nel de Koker; individual chapters, the contributors.

The right of Jean Jacques du Plessis and Jeanne Nel de Koker to be identified as the author of the editorial material, and of the authors for their individual chapters, has been asserted in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.

All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.

Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.

British Library Cataloguing in Publication Data
A catalogue record for this book is available from the British Library

Library of Congress Cataloging in Publication Data
Names: Du Plessis, J. J., editor. | Nel de Koker, Jeanne, editor.
Title: Disqualification of company directors : a comparative analysis of the law in the UK, Australia, South Africa, the US, and Germany / edited by Jean Jacques du Plessis and Jeanne Nel de Koker.
Description: Abingdon, Oxon [UK] ; New York : Routledge, 2017. | Series: Routledge research in corporate law | Includes bibliographical references and index.
Identifiers: LCCN 2016056478 | ISBN 9781138636248 (hbk) | ISBN 9781315206097 (ebk)
Subjects: LCSH: Directors of corporationsLegal status, laws, etc.Great Britain. | Directors of corporationsLegal status, laws, etc.Australia. | Directors of corporationsLegal status, laws, etc.South Africa. | Directors of corporationsLegal status, laws, etc.United States. | Directors of corporationsLegal status, laws, etc.Germany. | Tort liability of corporations.
Classification: LCC K1328. D59 2017 | DDC 346/.06642dc23
LC record available at https://lccn.loc.gov/2016056478

ISBN: 9781138636248 (hbk)
ISBN: 9781315206097 (ebk)

Typeset in Galliard
by Keystroke, Neville Lodge, Tettenhall, Wolverhampton

JEAN JACQUES DU PLESSIS AND JEANNE NEL DE KOKER

ANDREAS RHMKORF AND JEAN JACQUES DU PLESSIS

TESS BLACKIE AND JEAN JACQUES DU PLESSIS

NEELS KILIAN, JEAN JACQUES DU PLESSIS AND JEANNE NEL DE KOKERS

HANNAH MARIE FARHAN AND JEANNE NEL DE KOKER

ANDREAS RHMKORF