Having a winding-up order issued against your company is very serious, 应该尽量避免.

导演清算

然而, if you do find yourself in the position where a winding up order has been issued to a company of which you are a director, 很可能你会对接下来会发生什么有疑问..

本文将探讨清算对董事的影响, 从签发清盘令开始.

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什么是清盘令?

A winding up order is an order issued by the courts determining that an insolvent company should be wound up and liquidated.

The courts will issue a winding up order after an unpaid creditor of the company being wound up has successfully brought a winding up petition against that company for the unpaid debts.

网赌网址有哪些登录董事接下来会发生什么?

首先,由法院委任网赌靠谱平台有哪些推荐管理署署长. 网赌靠谱平台有哪些推荐管理署署长负责 清算过程.

一旦委任网赌靠谱平台有哪些推荐管理署署长, 董事实际上失去了他们的决策权, though they will be required to co-operate with the Official Receiver to provide all the information necessary and facilitate the 清算过程.

As a director, you should co-operate to the fullest extent with the Official Receiver.

The Official Receiver will start their investigations into the company immediately in order to assess the current position. They must make a statement within 12 weeks of their appointment whether they intend to act as the company’s liquidator or appoint a separate liquidator.

在网赌靠谱平台有哪些推荐管理署作出决定后, 清算将按正常方式继续进行. 在短暂的, 这个过程中会看到清算人, the Official Receiver or both going through the process of realising the company’s assets and distributing the proceeds to creditors.

网赌靠谱平台有哪些推荐管理署署长对董事行为的调查

作为强制清算程序的一部分, the Official Receiver has to investigate the actions of the company’s directors prior to the winding-up order.

Each director must attend a two hour interview with the Official Receiver where they will be asked to provide a 语句的事务 of the company and discuss the events leading up to the company’s insolvency.

As a director, it is very important that you prepare thoroughly for this interview. 你需要有所有的相关信息, including accounts and statements ready to submit to the Official Receiver.

The Official Receiver can also require a director to attend court for examination. This is very unusual and only used in situations where it’s suspected there has been severe misconduct on the part of the director.

There are three specific things that an Official Receiver will be looking out for as part of their investigation:

错误的交易

Where the director continued to trade and incurred more debts after they knew or ought to have known that the company was insolvent.

低估的交易

Where a company sold any of its assets for an undervalue for a period of up to two years prior to the company’s liquidation.

不公平偏好

Where a company takes certain actions that puts a creditor in a better position than they would otherwise have been on a distribution of assets during a winding up. These actions must have been intentional (though it is presumed they were if the creditor is a connected party to the company (i.e. 网赌网址有哪些登录的董事.

向商务部,能源部报告 & 产业战略

一旦他们进行了调查, the Official Receiver must then submit a report to the Department for Business, 能源 & 产业战略 with recommendations about whether any sanctions need to be levied against the company’s director(s).

The sanctions for all three offences above can lead to the directors being disqualified from acting in the capacity of director for a period of up to 15 years. There are also particular rights of action that can be bestowed on the liquidator that may apply: for example any transaction at an undervalue can be reversed or the directors held personally liable for the amount of the undervalue.

虽然这听起来很令人担忧, these sanctions are reserved for situations where there has been director misconduct and are there to protect the creditors of the company. The sanctions are not applied lightly and will only be levied after a full investigation.

清算所得款项

由于网赌网址有哪些登录接近清算的最后阶段, any proceeds realised from the company’s assets will be distributed to the company’s creditors.

Directors will not receive any proceeds from the company in their capacity as shareholders, 因为网赌网址有哪些登录网赌靠谱平台有哪些推荐了. 然而, it may be that a director stands as a creditor to the company in some other capacity. Whether they will receive their returns on these debts very much depends on the monies realised by the 清算过程 and where they stand in the pre-determined order of priority for creditors.

网赌网址有哪些登录的关闭

一旦收益分配完成, the Official Receiver will chair a meeting of the creditors where they will issue a final report. They will also be released from their duties and the company will be fully wound up.

需要帮助?

如果你受到清盘请愿书的威胁, you should speak to someone who can discuss your options and put together a plan of action as quickly as possible. 打电话给我们或使用我们的 网赌靠谱平台有哪些推荐 form.