What are the liabilities of directors for wrongful or insolvent trading restrictions? | 21 September 2023

Criminal liability may also result if it is shown that this prohibition was knowingly violated

What are the liabilities of directors for wrongful or insolvent trading restrictions?

Directors and officers of a debtor will be liable for double the value of the property sold, embezzled or disposed of or double the amount of the transaction involved, whichever is higher to be recovered for the benefit of the debtor and the creditors, if they willfully commit the following acts:

Dispose or cause to be disposed of any property of the debtor other than in the ordinary course of business, or authorize or approve any transaction in fraud of creditors or in a manner grossly disadvantageous to the debtor and/or creditor

Conceal or authorize or approve the concealment, from the creditors, or embezzle or misappropriate, any property of the debtor

(Section 10, Financial Rehabilitation and Insolvency Act (FRIA) of 2010)

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