by Paul Brindley | May 17, 2019 | Administration, CVLs
When a limited company starts to face financial problems, its directors need to bear in mind a number of aspects of insolvency law: Compliance with their duties under the Companies Act 2006 S171 Duty to act within powers S172 Duty to promote the success of the company...
by Paul Brindley | May 16, 2019 | Administration, CVLs, Ethics & Regulation
While a company is doing well, the law requires that the directors work to ensure the continuing success of the company for the benefit of the shareholders. It’s a duty that is owed to the company itself, and to the shareholders as a whole, not just one or some. When...
by Paul Brindley | May 14, 2019 | Administration, CVLs, Ethics & Regulation
It’s a long established principal of English law that when a company starts to struggle financially, its directors are required to pay more attention to the interests of the creditors than they might have before then and that the worse the financial problems become,...
by Paul Brindley | May 10, 2019 | CVLs, Ethics & Regulation
Liquidators have a duty to maximise realisations for the benefit of the creditors. One potential avenue they have to consider is pursuing the shareholders for repayment of dividends that were paid illegally – a common problem where director shareholders of...
by Paul Brindley | Apr 9, 2019 | CVLs, Ethics & Regulation
The Insolvency Service have just written useful article providing some guidance on the re-use of company names post liquidation. It’s worthwhile reading it if you have a company that is struggling financially and likely at some stage to go into liquidation, and...
