On Selected Duties of Members of the Board of Directors of a Commercial Corporation in Economic Problems, or Closer to Preventive Restructuring

Abstract

This article deals with the importance of the position of the creditor in a company in financial difficulties as well as with the duty of the members of the board of directors to take into account the interests of creditors and other stakeholders in a situation where the company is in a state of impending insolvency. The recent decision of the UK Supreme Court in BTI v Sequana i salso beeing considered.

Keywords

• impending insolvency
• obligation to consider the interests of creditors
• preventive restructuring