Project Manager
Karin BladProject manager
Örebro UniversityAmount granted
220 000 SEKYear
2021
The purpose of the thesis is to evaluate Swedish law with regard to the personal liability of representatives of limited liability companies that have financial difficulties and are at risk of insolvency. The company law and tax law systems for the personal liability of a limited liability company's representative when the company is in financial difficulties are not coordinated with each other and their (lack of) interaction complicates the task of creating a simple and understandable picture of a company representative's liability for the company's obligations. In addition to the rules of company and tax law, further rules are added which may give rise to liability for a representative of a company in financial crisis, such as tort and criminal law provisions. In addition, Sweden will incorporate the EU's Insolvency Directive in 2022, which requires that the Swedish legal system contain rules on the liability of company directors in the event of imminent insolvency, an economic condition that does not directly activate either the rules of company law or tax law. The thesis presents alternatives to the current regulatory framework, such as a flexible insolvency law liability rule meaning that the directors' duty to act is actualized at an earlier stage in the event that a company should suffer financial difficulties. Such an option would also meet the requirements of the EU Directive.