What’s More Important: Managing Debt or Bad Practice?
Last year, I advised a company that went bust owing £100,000. The Insolvency Service sought to have the company’s director disqualified, but he couldn’t understand why as his liabilities dwarfed the sums owed by other companies.
I explained that he faced prosecution because of his conduct rather than the size of his debt. You may owe £30,000, but will still face disqualification if your conduct was bad; whereas a director with debts of £1m and good conduct will go unpunished.
When a business lends money to its director(s), the company becomes a creditor and the director a debtor. In hard times, the company should call in the debt and the director must repay it.
If the company goes into administration, the official receiver or liquidator scrutinizes the directors’ behaviour for the three-year period leading up to the date of the company’s demise and is duty bound to pursue the director(s) for repayment of that debt.
If the amount exceeds £5,000 the director can be disqualified. More directors than ever before are being disqualified for offences such as late payment of taxes, or using company funds to pay the mortgage and school fees.
Providing you’re solvent, you may be doing these things year after year and no one will ever know. But the reality is you’ve created a habit of bad practice and the moment you’re busted, your conduct will come under scrutiny.
A Difficult Truth: The 79th Group’s Latest Statement
On 10 April, The 79th Group issued a public statement in response to the ongoing investigation by the City of London Police, which can be…
Read MoreThe Cold Truth About The 79th Group, the Police, and Your Money
The 79th Group Loan Notes Recovery Over the past several months, a growing number of investors have come forward, alarmed and confused by what’s happening…
Read MoreHigh Street GRP – The Security That Never Was…
High Street GRP promised investors that their money was safe — secured against valuable real estate. In reality, there was no meaningful security, and over…
Read MoreThe 79th Group Loan Notes- Troubling Security Trustee Issues
As The 79th Group suspends redemption and interest payments on its loan notes and ceases to respond to concerned investors, scrutiny is intensifying over the…
Read More