Advising Directors on Risk
A director of a company that is in financial difficulties could face personal liability in respect of:
- Personal guarantees.
- Fraudulent trading (section 213, 1986 Act).
- Wrongful trading (section 214, 1986 Act).
- Misfeasance or breach of duty (including the statutory general duties under the Companies Act 2006).
- Where the company is a public company, serious loss of capital.
- Where the company is listed, the Listing, Prospectus, Disclosure and Transparency Rules and the Financial Services Markets Act 2000. (For more information on these Rules.
- Other offences under the 1986 Act.
Directors should seek external advice as soon as they are aware that the company is in financial difficulties.
If you are facing a Winding-Up Petition, we can negotiate on your behalf and advise you through the Insolvency and Companies Court process. Our Winding-Up Experts have specialist legal information and advice which will be tailored to your situation. To contact one of our Solicitors or Barristers please click here or call 0845 8622 529.
Call us on ☎ 02071830529 or email us on for more information about the legal services we provide. Our team of London lawyers are based in Middle Temple adjacent to the Royal Courts of Justice. We are committed to providing professional and specialist legal advice.