| Tittel: | Director’s duty of care of and economic subfactors of the solvency test under the Finnish companies Act | | Ansvar: | Juha Jokinen | | Forfatter: | Jokinen, Juha  | | Materialtype: | Artikkel - elektronisk | | Signatur: | Nordisk tidsskrift for Selskabsret | | Utgitt: | København : DJØF Forlag, 2008 | | Omfang: | S. 95-115 | | Serie: | Nordisk tidsskrift for Selskabsret ; 3/2008 | | Emneord: | Selskapsrett | | Geografiske emneord: | Finland | | Innhold: | One of the main innovations of the new Finnish Companies Act (624/2006, hereafter FCA) was the regulation of the distribution of assets partly in a new way according to Chapter 13, Section 2 of the FCA, as a so-called solvency test was adopted. In accordance with Article 15(1)(a) and (c) of the Second Company Law Directive (77/91/EEC), i.e. the so-called Capital Directive, the distribution of assets under the old Finnish Companies Act 12:2 § (734/1978) was provided for in such a way that the distribution of profits might not exceed the total profit as confirmed by the profit and loss statement for the fiscal period and the company’s other reserves of unrestricted equity less the loss shown in the profit and loss account and the amount which under the Articles of Association was to be transferred to a reserve fund or otherwise left undistributed. | | Del av verk: | Nordisk tidsskrift for Selskabsret 3/2008 |
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