wrongful trading การใช้

• {{ Cquote | Liability for wrongful trading is imposed by s . 214 of the Insolvency Act 1986.
• The decisions in " Continental Assurance " and " Leyland Daf " make wrongful trading actions unattractive to liquidators.
• But it is also the only test used for the purpose of the wrongful trading rules, and director disqualification.
• The liquidator argued that the right measure to contribute was the reduction in net assets caused by the wrongful trading.
• These features are the reverse for money recovered through the statutory based causes of action of fraudulent and wrongful trading.
• As is often the case, a company in liquidation has no assets with which to bring an action for wrongful trading.
• Under UK insolvency law, wrongful trading occurs when the company have continued to trade a company past the point when they:
• Under Hong Kong law there is at present no liability for what is commonly referred to as wrongful trading or trading while insolvent in other jurisdictions.
• As with a limited company or a corporation, members in an LLP cannot, in the absence of fraud or wrongful trading, lose more than they invest.
• Beijing contends it is pursuing only " normal cooperation . . . in peaceful areas " with Iran and denies any wrongful trade in nuclear technology.
• Initially, there was uncertainty among banks and insolvency and restructuring professionals who assisted and advised companies facing insolvency that they may be caught by the wrongful trading provisions.
• In some legal systems, in appropriate cases, the liquidator may be able to bring an action against errant directors or shadow directors for either wrongful trading or fraudulent trading.
• The " objective plus subjective " standard was first introduced in the wrongful trading provision from the Insolvency Act 1986, and applied in " Re D'Jan of London Ltd ".
• At the point of insolvency CA 2001 s 588G creates the same kind of liability as is found in the UK for wrongful trading ( Insolvency Act 1986 s 214 ).
• But generally speaking a provisional liquidator will not have power to bring proceedings on behalf of the company for wrongful trading, or to challenge transactions as undervalue transactions or unfair preferences.
• Wrongful trading is an action that can be taken only by a company's insolvent liquidation . ( This may be either a voluntary liquidation-known as Creditors Voluntary Liquidation, or compulsory liquidation ).
• Because a claim for wrongful trading is a personal action brought by the liquidator, it follows that if it is unsuccessful, the liquidator is personally liable for the legal costs of the defendants.
• It does not cover the very act of wrongful trading itself, just because this would have been done with the intention of trying to make a profit . ( emphasis added ) . }}
• Some countries have also sought to " ring fence " recoveries made for wrongful trading or fraudulent trading from the floating charge to create an artificial pool of assets available to the unsecured creditors.
• When it becomes wrongful trading is when it should have been realised that the position of the creditors was likely to deteriorate from that position onwards and that the company would proceed into liquidation.