29-01-2015, 09:52
(This post was last modified: 29-01-2015, 09:55 by TheWorthinGer.)
They would only be trading solvently if they had no cash and knew that there was no way they could raise any cash. The company's asset far out value any debt that they have.
Not acknowledged because not true.
"Under UK insolvency law trading once a company is legally insolvent can trigger several provisions of the Insolvency Act 1986, including:[1]
Wrongful trading – Section 214
Transaction at an undervalue – Section 238
Preferences – Section 239
Extortionate credit transactions – Section 244
A limited company becomes insolvent when it can no longer pay its bills when due, or its liabilities—including contingent liabilities such as redundancy payments—outweigh the company’s assets. This is a critical point in the lifespan of a company as it denotes when the directors responsibilities change from the shareholders to the creditors. It also means that the directors need to be extremely careful when considering whether to continue to trade, or not. Any director who knows that the company is insolvent and makes the decision to continue to trade, and in doing so increases the debts of the company can be made liable for the company debts."
Not acknowledged because not true.
"Under UK insolvency law trading once a company is legally insolvent can trigger several provisions of the Insolvency Act 1986, including:[1]
Wrongful trading – Section 214
Transaction at an undervalue – Section 238
Preferences – Section 239
Extortionate credit transactions – Section 244
A limited company becomes insolvent when it can no longer pay its bills when due, or its liabilities—including contingent liabilities such as redundancy payments—outweigh the company’s assets. This is a critical point in the lifespan of a company as it denotes when the directors responsibilities change from the shareholders to the creditors. It also means that the directors need to be extremely careful when considering whether to continue to trade, or not. Any director who knows that the company is insolvent and makes the decision to continue to trade, and in doing so increases the debts of the company can be made liable for the company debts."