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A "Connected Person" per S. 26 Companies Act 1990

  • 04-05-2010 7:37am
    #1
    Registered Users, Registered Users 2 Posts: 23


    Hi guys,

    Studying for my company law exams and I have a feeling that a fraudulent preference question will arise, with a need for some discussion in regards to a "connected person". I believe that it will involve a future son-in-law who threatens to call off a wedding with the director's daughter unless he is paid, as he is a creditor of the father's company. Does anyone have any articles etc. which may have some discussion in relation to a connected person outside the scope of S. 26 Companies Act 1990.

    Thanks.

    26.—(1) For the purposes of this Part, a person is connected with a director of a company if, but only if, he is—
    [GA]( a ) that director's spouse, parent, brother, sister or child;
    [GA]( b ) a person acting in his capacity as the trustee of any trust, the principal beneficiaries of which are the director, his spouse or any of his children or any body corporate which he controls; or
    [GA]( c ) a partner of that director;
    [GA]unless that person is also a director of the company.


Comments

  • Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    This is discussed in the recent publication on Directors Duties Law and Practice by Deirdre Ahern.


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