When a business enters insolvency, a company director needs to know what they can and cannot do. If they act outside their powers they are personally exposed to a claim against them.
In the next instalment of our companies in crisis Q&A series, we talk through what directors can and cannot do.
Key points
It depends on the type of formal insolvency that your company enters into:
Compulsory liquidation: You lose all power to conduct acts in the company’s name or to control the company’s affairs. These powers are lost on the date of compulsory liquidation.
Voluntary liquidation (members or creditors): Your powers are lost at the date of the voluntary liquidation. If you try to exercise your powers after this date, any action is void.
Administration: You need the consent of the administrator before you can exercise any management powers.
If your company becomes insolvent you will be interviewed by the insolvency practitioner. They will investigate the conduct of all company directors and if they think your conduct has fallen below the standard stated expected by law, they may bring appropriate claims against you.
If you think your company may become insolvent, you should always seek immediate professional advice. Our insolvency experts can talk you through your options.
- Part one: I am concerned for the future of my company because of Covid-19. What steps should I take?
- Part two: I have signed personal guarantees to my company’s lenders but what happens if the company then becomes insolvent?
- Part three: How can I tell if my company is insolvent?
- Part four: My company is receiving pressure from creditors but it can’t afford to pay what it owes. I think that my company is now insolvent, what options do I have?
- Part five: Should my company continue to trade if I know that it has no way of paying all its debts?
- Part six: If my company is placed into an insolvency process, how will this affect me?
- Part seven: What duties do I owe as a company director and do my duties change if the company becomes insolvent?
- Part eight: My company is due monies from several customers. What steps can I take?
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.
