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Transactions Under Value: A Legal analysis of transactions under value and transactions defrauding creditors

Anti-Bribery & Anti-Corruption

Transactions Under Value: A Legal Analysis Of Transactions Under Value And Transactions Defrauding Creditors

A preference occurs when the company does something which puts a creditor into a better position than he would have been in if the debtor went into insolvent liquidation, had the preference not taken ...

Fraudulent Trading Vs. Wrongful Trading – A Legal Analysis

Anti-Bribery & Anti-Corruption

Fraudulent Trading Vs. Wrongful Trading – A Legal Analysis

We shall in this article discuss at length the difference between fraudulent and wrongful trading as conduct that could result to accrual of personal liability on directors in the event of a company b...

The Duties of Directors in a Financially Distressed or Insolvent Company in Kenya

Debt Recovery, Restructuring & Insolvency

The Duties Of Directors In A Financially Distressed Or Insolvent Company In Kenya

As therein indicated, under section 143 of the Companies Act, a director must act in the way which he considers, in good faith, would be most likely to promote the success of the company for the benef...

Garden Leave Clauses in Employment Contracts

Employment, Labour Relations and Immigration Law Advisory

Garden Leave Clauses In Employment Contracts

Garden leave is a term used to reference the practice of having an employee work away from the office with limited access to the employer’s resources following a notice of termination or resignation...

Ten Reasons Why a Company Should Have a Shareholders Agreement

Corporate Law

Ten Reasons Why A Company Should Have A Shareholders Agreement

In this excerpt we reiterate and highlight ten reasons why a company should have a Shareholders Agreement: -...

Negotiating Effective Non-Compete Clauses in Shareholders’ Agreement

Non-Compete, Non-Solicit, and Trade Secrets Practice

Negotiating Effective Non-compete Clauses In Shareholders’ Agreement

A shareholders’ agreement is a contract amongst the shareholders of the company that establishes their relationship amongst themselves and with the company. ...

Directors' Duties where a Company is in Financial Difficulties or Insolvent

Debt Recovery, Restructuring & Insolvency

Directors' Duties Where A Company Is In Financial Difficulties Or Insolvent

Where a company is in financial difficulties or otherwise insolvent, the director’s duty shifts to the interest of the creditors of the company. ...

The Advantages of Having a Shareholders’ Agreement

Corporate Law

The Advantages Of Having A Shareholders’ Agreement

A shareholders’ agreement is a formal agreement between all or some of the shareholders in a company. A shareholder agreement is usually considered alongside the company’s articles of association,...

The Courts’ Decisions on Covenants In Restraint of Trade in Employment Contracts

Non-Compete, Non-Solicit, and Trade Secrets Practice

The Courts’ Decisions On Covenants In Restraint Of Trade In Employment Contracts

The Contracts in Restraint of Trade Act is a law that gives validity to contracts that are in restraint of trade....


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