
Not if you have acted in the best interests of the company and its creditors. If wrongdoing is found, then there are two elements. Firstly, you may have to contribute towards the liabilities of the company. Secondly, you may end up being disqualified from acting as a company director for up to 15 years. However, we see very few disqualifications.
Unfortunately not, as soon as your company starts the liquidation process, this will terminate all live contracts with customers, employees etc. so you cannot trade. There are other options however, so it is better to speak with an Insolvency expert to see how you can avoid liquidation.
When a company is insolvent it is the responsibility of directors to take action to ensure that the company does not incur any further debts and to protect the interests of creditors. Please see the Schedule of Obligations.
Directors are not usually personally liable for the debts of the company. A limited company is a separate legal entity to its directors and shareholders and, as such, some protection is offered. However, by continuing to incur losses after the company became insolvent, directors might be guilty of wrongful trading. This is an area where our advice can be crucial, so contact us at the earliest moment if you think you may have a problem. Personal Guarantees If, as a director, you have signed personal guarantees (PGs) you could become personally liable for any shortfall the creditor suffers should the company be liquidated. Where a guarantee has been signed by more than one guarantor, each of the guarantors will be ‘jointly and severally’ liable – i.e. all the guarantors are equally liable for the whole debt. Again, seek our guidance as early as possible. Overdrawn Loan Account Directors of insolvent companies often have an overdrawn loan account with their company. If this is the case at the point of liquidation, the liquidator will examine the situation and put forward settlement proposals. If the director is unable to settle their loan, it is possible that the liquidator might consider legal proceedings for repayment, at which point the risk of the director losing their home can arise. Seek advice early!