Wrongful trading

A director who trades on knowing that there is no reasonable prospect that the company will avoid going into liquidation, paying its debts and the winding up expenses is guilty of wrongful trading. The Insolvency Act 1986, s.214, provides that a civil remedy may lie against the director who may then become personally liable to contribute to the assets of the company for the benefit of creditors. See DIRECTORS’ AND OFFICERS’ LIABILITY INSURANCE.

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