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Director disqualification and misconduct

Tips for directors accused of misconduct

Careless, deceitful, and delinquent company directors can expect to face disqualification proceedings if their actions cause creditors to suffer financial loss. Disgruntled shareholders and creditors (the people and businesses you owe) may take action against a director suspected of misfeasance or another serious transgression. However, a licensed insolvency practitioner (IP) usually instigates Director Disqualification Proceedings.…

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Laws for winding up orders need more clarity

New measures for the issuing of winding up petitions unclear

Entrepreneurial small business owners should be overjoyed with Government plans to increase the debt threshold for winding-up petitions to £10,000. The move is in harmony with new protections and laws designed to support businesses. Temporary measures introduced last year under CIGA 2020 will be replaced from 1 October to 31 March 2022. Subsequently, more debtor-friendly…

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Directors guilty of BBL abuse face disqualification

Directors face disqualification for Bounce Back Loan (BBL) abuse

A few months back, we protested the Insolvency Service’s decision to chase the owners of failed businesses for failing to repay Bounce Back Loans. However, the findings of a report by the House of Commons public accounts committee suggest the agency’s strategy may be appropriate after all. To help struggling small-to-medium enterprises (SMEs) during the…

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Hardship for 100,000 SME construction firms

How British construction subcontractors can avoid bankruptcy and insolvency

Almost 100,000 small to medium-sized enterprises (SMEs) in the construction industry faced serious money problems in the first quarter of 2021, a study by business rescue experts Begbies Traynor has revealed. The findings reveal that in the months leading up to 31 March, 96,067 British SME construction firms had either: County court judgments (CCJs) of…

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Why chase failed SMEs for unpaid Bounce Back debt?

Why chase failed SMEs for Covid debts?

The Insolvency Service recently announced plans to investigate business owners who close down companies without repaying the government’s Bounce Back Loan Scheme (BBLS) debts. Considering the chronology of events, and state of the economy, such a strategy seems unjust. Here’s why… The implementation, abandonment, and then reinstatement of lockdown restrictions caught business owners, and most…

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Avoiding misfeasance claims in 2021

How company directors can avoid misfeacance claims in 2021

As the UK struggles to revive its debilitated economy, some directors of insolvent companies will find it difficult to avoid misfeasance claims in 2021 and beyond. According to section 212 of the Insolvency Act 1986, misfeasance occurs when a director or ex-director retains, misappropriates, misapplies, or becomes accountable for any of the company’s property or…

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