Directors and officers of companies in financial distress face complex responsibilities and challenges. Indeed, managing a company on the brink of insolvency is often uncharted territory for its leadership. When confronted with such challenges, adherence to fiduciary duties is crucial to ensure responsible governance and minimize the risk of litigation or personal liability.
In ICLG's Restructuring & Insolvency 2025 chapter on Directors' Fiduciary Duties and Insolvency, Dechert attorneys Stephen Zide, Rick Horvath and Eric Hilmo provide essential insights for directors and officers to consider when confronted with the complexities of financial or operational distress.
This chapter offers a detailed summary of:
- The legal sources of fiduciary duties for directors
- The nature of fiduciary duties generally
- To whom directors owe their fiduciary duties
- Fiduciary duties during insolvency
- Practical considerations for directors of distressed companies
Learn more by reading the full chapter below.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
