Directors’ Duties – The Creditor Duty

Directors’ Duties – The Creditor Duty

Directors’ Duties – The Creditor Duty The creditor duty refers to the duty of directors to consider and give appropriate weighting to the interests of creditors during the event that the company is approaching insolvency, or when the directors ought to...
Director disqualifications in 2022

Director disqualifications in 2022

Director disqualifications in 2022 Director disqualification in respect of dissolved companies is not a new principle (in fact the key piece of legislation has been in force since 1986), but in 2022 there is certainly a greater risk of it arising as a result of the...
Director disqualifications in 2022

Employees’ rights in insolvency

Employees’ rights in insolvency When a company goes into a formal insolvency procedure, employees are understandably concerned about their job security and the company’s ability to pay their salaries. Importantly, however, not all formal insolvency procedures will...
Directors’ duties in insolvency

Directors’ duties in insolvency

Directors’ duties in insolvency When a company is insolvent, the directors of a company are under a duty to protect the interests of the company’s creditors. Directors can therefore be liable for the actions they take before a company stops trading and also during...
Buying assets and business from an insolvent company

Buying assets and business from an insolvent company

Buying assets and business from an insolvent company You can buy assets from an insolvent company (a company that is in a formal insolvency procedure, either administration or liquidation), but the process is slightly different to simply acquiring the business and...
Options available for company during financial difficulties

Options available for company during financial difficulties

Options available for company during financial difficulties A company experiencing financial difficulties is not necessarily a cause for alarm, as it is part of the natural cycle of a business generally. If, however, the directors are concerned about the financial...
What is liquidation?

What is liquidation?

What is liquidation? Liquidation is the process whereby the Official Receiver or an insolvency practitioner formally takes control of a company in order to realise and distribute its assets to its creditors to satisfy the debts owed. Following this realisation and...