Skip to main content Accessibility help
×
Hostname: page-component-54dcc4c588-rz4zl Total loading time: 0 Render date: 2025-10-12T17:30:36.502Z Has data issue: false hasContentIssue false

5 - Directors’ Duties in the Zone of Insolvency in Emerging Economies

from Part III - Towards a New Insolvency Framework in Emerging Economies

Published online by Cambridge University Press:  06 June 2024

Aurelio Gurrea-Martínez
Affiliation:
Singapore Management University
Get access

Summary

This chapter starts by explaining that, when a company becomes factually insolvent but it is not yet subject to a formal insolvency proceeding, the shareholders – or the directors acting on their behalf – may engage, even in good faith, in various forms of behavior that can divert or destroy value at the expense of the creditors. For this reason, most jurisdictions around the world respond with a variety of strategies, including the imposition of special directors’ duties in the zone of insolvency. This chapter identifies six regulatory models for the design of directors’ duties in the zone of insolvency. After examining the advantages and weaknesses of each regulatory model, this chapter emphasizes that the desirability of a particular approach depends on a variety of country-specific and firm-specific factors. It concludes by suggesting various policy recommendations for the design of directors’ duties in the zone of insolvency in emerging economies.

Information

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2024

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Book purchase

Temporarily unavailable

Accessibility standard: Unknown

Accessibility compliance for the PDF of this book is currently unknown and may be updated in the future.

Save book to Kindle

To save this book to your Kindle, first ensure no-reply@cambridge-org.demo.remotlog.com is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×