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scores_test_insolvency_bot_with_gpt-3.5-turbo.csv
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question_no question_text bot_response bot_response_time bot_response_attempts bot_statutes bot_cases bot_forms mark_scheme bot_score bot_score_breakdown max_points_available bot_mark_scheme_assessments
Q1 I set up a limited liability company in 2015. My business suffered greatly during the Covid-19 pandemic, and it still hasn’t recovered yet. I fell into arrears, and one of my suppliers submitted a winding-up petition against my business. A friend of mine is willing to invest money in my company. Do I have good chances of avoiding a liquidation order if my friend commits to pumping money into my business? Based on the information provided, the fact that you have a friend willing to invest money into your company can potentially help you avoid a liquidation order. However, there are several factors to consider. First, it is important to determine if you meet the requirements for a moratorium under the Insolvency Act 1986. A moratorium provides a temporary legal protection against creditor actions while you explore options to rescue or restructure your company. You can apply to the court for a moratorium, and if granted, it can give you the breathing space needed to negotiate with creditors and secure investment. Next, it is essential to assess your company's financial situation and determine if you meet the criteria for insolvency. Under the Insolvency Act 1986, a company is deemed unable to pay its debts if it fails to make a payment after a creditor's written demand or if its assets are less than its liabilities. If your company is found to be insolvent, it may be subject to a winding-up petition. In such cases, it is important to show that the injection of funds from your friend will significantly improve the company's financial position and enable it to meet its obligations. This can be a persuasive argument against the winding-up petition, as it demonstrates that your business has a realistic chance of survival. In making this argument, it may be necessary to provide evidence of your company's current financial situation, the amount of investment being offered, and a viable plan for using the funds to address arrears and improve the company's overall financial condition. Additionally, it is essential to ensure that the investment arrangement is properly documented, and the terms are clear for both parties involved. Seeking legal advice during this process can help protect your interests and ensure compliance with relevant laws and regulations. Ultimately, the decision to grant or dismiss a winding-up petition rests with the court. It will consider various factors, including the financial position of the company, the viability of the proposed investment, and the overall interests of creditors. It is important to consult with a qualified corporate insolvency lawyer who can provide tailored advice based on your specific circumstances. They will be able to guide you through the process, assist with any necessary applications or filings, and help you present a strong case to the court. Note that the information provided does not constitute legal advice and is provided for general informational purposes only. For specific legal advice, please consult with a qualified professional. 14.15394377708435 1 Insolvency Act 1986 section 208 (Winding Up of Companies Registered under the Companies Acts)|Insolvency Act 1986 section A4 (Moratorium)|Insolvency Act 1986 section 124 (Winding Up of Companies Registered under the Companies Acts)|Insolvency Act 1986 section 123 (Winding Up of Companies Registered under the Companies Acts) "Re A Company [2022] EWHC 943 (Ch) (Coronavirus; Winding-up petition)|Cheyne Finance plc (No 2), Re [2007] EWHC 2402 (Ch) (Notion of Insolvency; Cash flowS; Balance sheets; Debt; Receivership; Standard of proof)|Petitioner v Company [2022] 6 WLUK 131 (Coronavirus; Demands; Inability to pay debts; Loan agreements; Winding-up petitions
)|Casa Estates (UK) Ltd (in liq.), Re [2014] EWCA Civ 383 (Notion of Insolvency; Balance sheets; Cash flows; Transactions at an undervalue)|Byblos Bank SAL v Al-Khudhairy (1986) 2 B.C.C. 99 (CA) (Notion of Insolvency; Winding-up orders)|BTI 2014 LLC v Sequana SA [2016] EWHC 1686 (Ch) (Directors' powers and duties; Breach of fiduciary duty; Good faith; Fiduciary duty)|BNY Corporate Trustee Service ltd v Eurosail [2013] UKSC 28 (Notion of Insolvency; Crystallisation; Liabilities; Security)" Companies House Form LIQ03: Use this form to give notice of progress report in voluntary winding up.|Companies House Form MT03: Tell Companies House that a moratorium has ended early.|Companies House Form WU07: Use this form to give notice of a progress report in a winding-up by the court. "[["" Does the lawyer identify the different forms of liquidation, and the circumstances in which a company can be liquidated? "", "" Does the lawyer refer to the relevant statutes (ss. 123-124 IA 1986) to determine if a company is insolvent?"", "" Does the law discuss the differences between cash-flow and balance-sheet insolvency?"", "" Does the lawyer refer to s. 122 IA 1986? "", "" Does the lawyer identify the powers the courts have when hearing an insolvency petition? "", "" Does the lawyer refer to ss.125-128 IA 1986?"", "" Does the lawyer clarify that Hopes and expectations of future funding without any rights to those assets are irrelevant (Byblos)?"", "" Does the lawyer refer to any relevant case law? "", "" Does the lawyer provide the correct advice?""], [3, 3, 3, 2, 3, 2, 3, 3, 3]]" 12.5 [0, 1.5, 3, 1.0, 3, 1.0, 0, 0, 3] 25 No|No|Yes|No|Yes|No|No|No|Yes|
Q2 My business has been running at a deficit for a few years. In 2021, I got a loan from NatWest to stay afloat. I have given my share in the family home (50%) as a collateral for this loan. I am now unable to repay it. What should I do? Can the bank repossess my house? As a corporate insolvency lawyer, I can provide general guidance on the steps you may need to take in your situation. However, please note that this should not be construed as legal advice and it is recommended to consult with a qualified insolvency professional for personalized advice tailored to your specific circumstances. 1. Assess your financial situation: It is important to carefully evaluate your financial position and determine whether your business is insolvent. Insolvency occurs when a company is unable to pay its debts as they fall due or if its liabilities exceed its assets. 2. Communicate with the bank: Contact NatWest to inform them about your financial difficulties and your inability to repay the loan. It is crucial to maintain open communication and explore potential solutions together. 3. Explore options for restructuring: If your business is viable, you could consider restructuring options such as negotiating a repayment plan with the bank or seeking external financing to repay the loan. This may involve working with an insolvency practitioner or financial advisor to come up with a feasible plan. 4. Consider insolvency procedures: If your business is no longer viable and cannot meet its financial obligations, it may be 7.270481109619141 1 Companies Act 2006 section 899A (Arrangements and reconstructions: general])|Insolvency Act 1986 section 124 (Winding Up of Companies Registered under the Companies Acts)|Insolvency Act 1986 section 123 (Winding Up of Companies Registered under the Companies Acts)|Insolvency Act 1986 section 332 (Bankruptcy)|Insolvency Act 1986 section 329 (Bankruptcy) "McTear v Eade [2019] EWHC 1673 (Ch) (Breach of fiduciary duty; Directors' duties and powers; Limited liability partnerships; Liquidation; Misfeasance)|Rowntree Ventures Ltd v Oak Property Partners Ltd [2016] EWHC 1523 (Ch) (Rescue Procedures; Notion of insolvency; Cash-flows; Balance-sheets; Inability to pay debts)|Petitioner v Company [2022] 6 WLUK 131 (Coronavirus; Demands; Inability to pay debts; Loan agreements; Winding-up petitions
)|Lo-Line Electric Motors Ltd, Re [1988] Ch. 477 (Investigating and Suppressing Misconduct; Directors; Disqualification; Misconduct)|Pathania v Tashie-Lewis [2021] EWHC 526 (Ch) (Investigating and suppressing misconduct; Directors' duties and powers; Transactions at an undervalue)|Official Receiver v Arron [2021] EWHC 1587 (Ch) (Investigating and suppressing misconduct; Directors disqualification; Directors' powers and duties;)|BTI 2014 LLC v Sequana SA [2022] UKSC 25 (Directors' powers and duties; Breach of fiduciary duty; Good faith; Fiduciary duty)|BTI 2014 LLC v Sequana SA [2016] EWHC 1686 (Ch) (Directors' powers and duties; Breach of fiduciary duty; Good faith; Fiduciary duty)|Johnson v Beighton [2019] EWHC 895 (Ch) (Investigating and suppressing misconduct; Directors' powers and duties; Contingent liabilities; Directors' liabilities; Knowledge; Liquidation; Wrongful trading)|Singer v Beckett [2001] BPIR 733 (Damages; Directors; Directors' liabilities; Directors' powers and duties; Liquidation; Wrongful trading; iNVESTIGATING AND SUPPRESSING MISCONDUCT)|Morris v Bank of India [2004] EWHC 528 (Ch) (Investigating and Suppressing Misconduct; Directors' duties and powers; Vicarious liability; Parent company; Tortious liability)" Companies House Form DS02: Use this form to withdraw your company's striking off application.|Companies House Form SH01: Use this form to give notice of shares allotted following incorporation. Include the optional continuation pages if needed.|Companies House Form MT03: Tell Companies House that a moratorium has ended early. "[["" Does the lawyer outline the rules on the distribution of assets in insolvency (s.107 IA 1986 and following)?"", "" Does the lawyer outlines that secured creditors do not share pari passu, but they are paid in priority on the proceeds generated by the sale of secured assets?"", "" Does the lawyer outline the difference between fixed and floating charges?"", "" Does the lawyer clarify that the bank is likely to have a fixed charge over the debtor\u2019s family home?"", "" Does the lawyer clarify that the debtor cannot transfer his equity to their partner to prevent repossession from the bank?"", "" Does the lawyer mention that the security may not be enforceable should the lender not have complied with the rules regulating either their activity as lender or the registration of charges?"", "" Does the lawyer refer to any relevant case law?"", "" Does the lawyer provide the correct advice?""], [3, 3, 3, 3, 3, 3, 3, 3]]" 3.0 [0, 0, 0, 0, 0, 0, 0, 3] 24 No|No|No|No|No|No|No|Yes|
Q3 My business (a small restaurant in Egham) is saddled with debt towards several suppliers. I do have a loyal customer base, but I feel that I need to reduce my debt burden. My brother offered to buy my business for a fair price, and he also told me he would like to retain me and some of my employees. However, he says that I need to deal with my debt before selling the business to him. I don’t have savings. What can I do? It is understandable that you want to reduce your debt burden and sell your restaurant business to your brother. Here are some options you can consider: 1. Negotiate with your suppliers: Reach out to your suppliers and explain your financial situation. See if you can negotiate better payment terms or discounts to reduce your debt burden. Some suppliers may be willing to work with you to find a mutually beneficial solution. 2. Explore debt restructuring: You could consider restructuring your debts with the help of a professional advisor. This may involve consolidating your debts into a single payment, extending payment terms, or negotiating reduced interest rates. Debt restructuring can provide temporary relief and allow you to manage your debts more effectively. 3. Enter into a formal insolvency procedure: If your debts are overwhelming and your business is insolvent, you may need to consider formal insolvency procedures such as liquidation or administration. These procedures can provide a structured approach to dealing with your debts and can help to maximize returns for your creditors. You should seek professional advice from an insolvency practitioner to understand your options and the implications of each procedure. 4. Selling the business: Selling your business to your brother can be a viable option to alleviate your debt burden. However, it is important to ensure that the sale is conducted in accordance with relevant laws and regulations. You may want to engage a solicitor experienced in business sales to help you navigate the legal and financial aspects of the transaction and protect your interests. 5. Personal financial obligations: It is worth noting that if you have provided personal guarantees for any business loans or debts, you may still be personally liable even after selling the business. Seek legal advice to understand your personal liability and explore options for resolving personal debts. Please keep in mind that this advice is general in nature and specific circumstances may require additional considerations. It is strongly recommended that you consult with a professional advisor, such as an insolvency practitioner or solicitor, who can provide tailored advice based on your unique situation. 12.177726984024048 1 Companies Act 2006 section 154 (A company's directors)|Insolvency Act 1986 section A16 (Moratorium)|Insolvency Act 1986 section 124 (Winding Up of Companies Registered under the Companies Acts)|Insolvency Act 1986 section 123 (Winding Up of Companies Registered under the Companies Acts)|Insolvency Act 1986 section 149 (Winding Up of Companies Registered under the Companies Acts) Belmont Park Investments Pty Ltd v BNY Corporate Trustee Services [2011] UKSC 38 (Anti-deprivation principle; Good faith; Priorities; Order of distribution; Security)|Cheyne Finance plc (No 2), Re [2007] EWHC 2402 (Ch) (Notion of Insolvency; Cash flowS; Balance sheets; Debt; Receivership; Standard of proof)|Agriplant Services Ltd (in liq.), Re [1997] 1 W.L.U.K. 477 (Misconduct; Directors' duties; Preferences; Winding-up)|Casa Estates (UK) Ltd (in liq.), Re [2014] EWCA Civ 383 (Notion of Insolvency; Balance sheets; Cash flows; Transactions at an undervalue)|Byblos Bank SAL v Al-Khudhairy (1986) 2 B.C.C. 99 (CA) (Notion of Insolvency; Winding-up orders)|BTI 2014 LLC v Sequana SA [2016] EWHC 1686 (Ch) (Directors' powers and duties; Breach of fiduciary duty; Good faith; Fiduciary duty)|BNY Corporate Trustee Service ltd v Eurosail [2013] UKSC 28 (Notion of Insolvency; Crystallisation; Liabilities; Security) Companies House Form LIQ02: Use this form to give notice of a statement of affairs.|Companies House Form MR03: Use this form to register a charge to secure a series of debentures created or evidenced by an instrument on or after 6 April 2013.|Companies House Form RT01: Use this form to apply to Companies House to get your company restored. "[["" Does the lawyer provide an outline of the different rescue options available under the Insolvency Act 1986?"", "" Does the lawyer provide an outline of the different restructuring options available under the Companies Act 2006?"", "" Does the lawyer outline the pros and cons of each of these options, and provide advice on the most suitable solution?"", "" Does the lawyer suggest the use of a pre-packaged administration procedure?"", "" Does the lawyer refer to the changes introduced by the Administration (Restrictions on Disposal etc. to Connected Persons) Regulations 2021"", "" Does the lawyer refer to any relevant case law?"", "" Does the lawyer provide the correct advice?""], [4, 4, 4, 4, 3, 3, 3]]" 3.0 [0, 0, 0, 0, 0, 0, 3] 25 No|No|No|No|No|No|Yes|
Q4 I own a pub in Windsor. I have been badly hit by the rise in interest rates on my loans, by additional taxes on alcohol as well as by a reduction in my customer base. I fell in arrears in the payments towards the HMRC, as well as some of my suppliers (but I had to pay in full some of them, as otherwise I would have had to close my business). I reached an agreement with my bank and with most of my suppliers to delay the repayment of my debt. The HMRC won’t listen and they are threatening legal actions against me. What can I do? HMRC counts for roughly 50% of my unsecured debt (the debt towards the bank is secured by a collateral on my pub). Based on the information provided, it seems that you are facing financial difficulties and potential legal action from HMRC due to outstanding tax debt. Here are some considerations and options for you to explore: 1. Negotiate with HMRC: Contact HMRC directly to explain your financial situation and propose a payment plan or request a time to pay arrangement. HMRC may be willing to work with you to find a solution and avoid legal action. 2. Seek professional advice: Consider consulting with a licensed insolvency practitioner or a corporate insolvency lawyer who can provide expert guidance on dealing with your financial situation and negotiating with HMRC. 3. Explore debt restructuring options: You mentioned that you have reached agreements with your bank and most of your suppliers to delay debt repayments. You may want to consider extending these negotiations to HMRC and exploring the possibility of restructuring your tax liabilities. 4. Consider a Company Voluntary Arrangement (CVA): If your business is viable and you believe you can generate enough cash flow to repay your debts over time, a CVA may be an option. A CVA is a legal agreement between a company and its creditors that outlines a repayment plan based on the company's ability to pay. It requires the support of a majority of your creditors, including HMRC. 5. Seek protection through an Administration or Liquidation: If your financial situation cannot be resolved and your business is no longer viable, you may need to consider entering administration or liquidation. Administration provides temporary protection from legal actions while a plan for the business is formulated, while liquidation involves selling off assets to repay creditors. However, note that liquidation may not be the best option if the value of your pub's assets is less than the amount of your secured debt. It is essential to seek professional advice to assess the best course of action in your specific circumstances. An insolvency lawyer or licensed insolvency practitioner can help you understand the benefits and consequences of each option and guide you through the process. Additionally, be aware of your duties as a company director under the Companies Act 2006 and the potential consequences under the Company Directors Disqualification Act 1986 for breaching those duties. As legal advice may vary depending on the specific facts and circumstances, it is recommended to consult with a lawyer for proper guidance tailored to your situation. 13.29815149307251 1 Insolvency Act 1986 section A28 (Moratorium)|Companies Act 2006 section 899A (Arrangements and reconstructions: general])|Insolvency Act 1986 section 124 (Winding Up of Companies Registered under the Companies Acts)|Insolvency Act 1986 section 123 (Winding Up of Companies Registered under the Companies Acts)|Insolvency Act 1986 section 251G (Debt relief orders) "Belmont Park Investments Pty Ltd v BNY Corporate Trustee Services [2011] UKSC 38 (Anti-deprivation principle; Good faith; Priorities; Order of distribution; Security)|Cheyne Finance plc (No 2), Re [2007] EWHC 2402 (Ch) (Notion of Insolvency; Cash flowS; Balance sheets; Debt; Receivership; Standard of proof)|Petitioner v Company [2022] 6 WLUK 131 (Coronavirus; Demands; Inability to pay debts; Loan agreements; Winding-up petitions
)|Casa Estates (UK) Ltd (in liq.), Re [2014] EWCA Civ 383 (Notion of Insolvency; Balance sheets; Cash flows; Transactions at an undervalue)|Byblos Bank SAL v Al-Khudhairy (1986) 2 B.C.C. 99 (CA) (Notion of Insolvency; Winding-up orders)|BTI 2014 LLC v Sequana SA [2016] EWHC 1686 (Ch) (Directors' powers and duties; Breach of fiduciary duty; Good faith; Fiduciary duty)|BNY Corporate Trustee Service ltd v Eurosail [2013] UKSC 28 (Notion of Insolvency; Crystallisation; Liabilities; Security)" Companies House Form RT01: Use this form to apply to Companies House to get your company restored.|Companies House Form MT02: Tell Companies House about an extension to a moratorium for a company.|Companies House Form MT03: Tell Companies House that a moratorium has ended early. "[["" Does the lawyer provide an outline of the different rescue options available under the Insolvency Act 1986?"", "" Does the lawyer provide an outline of the different restructuring options available under the Companies Act 2006?"", "" Does the lawyer outline the pros and cons of each of these options, and provide advice on the most suitable solution?"", "" Does the lawyer suggest the use of Part 26A restructuring plans?"", "" Does the lawyer speak of the ability of cramming down dissenting creditors in a Part 26A plan, and the conditions for doing it?"", "" Does the lawyer refer to any relevant case law?"", "" Does the lawyer provide the correct advice?""], [4, 4, 4, 4, 3, 3, 3]]" 9.0 [4, 2.0, 0, 0, 0, 0, 3] 25 Yes|No|No|No|No|No|Yes|
Q5 I have been badly hit by the rise in interest rates on my loans, as well as by a reduction in my customer base (I run a pub in Ascot). I fell in arrears in the payments towards the HMRC, as well as some of my suppliers (but I had to pay in full some of them, as otherwise I would have had to close my business). My landlord is demanding an extortionate amount of money for my rent. While I agreed to a new, 5-year leasing agreement, I realised that I am operating at a loss unless my rent is reduced and the HMRC agrees to a repayment plan. What can I do? Based on the information provided, there are several steps you can consider taking to address your financial difficulties. It is important to note that this response provides general guidance and you should consult with a corporate insolvency lawyer for tailored advice. 1. Negotiate with your landlord: Contact your landlord and explain your financial situation. Request a rent reduction or a temporary deferral until your business stabilizes. It may be helpful to provide evidence of your financial difficulties to support your case. If your landlord is unwilling to negotiate, you may need to consider alternative options such as subletting or seeking a new premises. 2. Repayment plan with HMRC: Approach HM Revenue and Customs (HMRC) to discuss your arrears and propose a manageable repayment plan. HMRC is often willing to work with businesses to find a mutually acceptable arrangement. Provide them with details of your financial situation and a realistic repayment proposal. 3. Review supplier relationships: Contact your suppliers and explain your financial difficulties. Negotiate extended payment terms or discounts on outstanding invoices. Some suppliers may be willing to work with you to maintain a long-term relationship. 4. Seek professional advice: Consult with a corporate insolvency lawyer or financial advisor who can assess your overall financial position and provide guidance on the best course of action. They can help you explore options such as debt restructuring, refinancing, or potentially entering into insolvency procedures if necessary. 5. Consider insolvency procedures as a last resort: If your business is unable to recover and meet its obligations, you may need to consider formal insolvency procedures such as a company voluntary arrangement (CVA), administration, or liquidation. These options should only be pursued after careful consideration and professional advice. Remember, throughout this process, keep detailed records of all communications, agreements, and financial transactions. This will be important for documentation and potential legal proceedings. Please note that this response provides general guidance and should not be taken as legal advice. Consult with a corporate insolvency lawyer to discuss your specific circumstances and receive tailored advice. 6.517523288726807 1 Insolvency Act 1986 section 222 (Winding Up of Unregistered Companies)|Companies Act 2006 section 251 (A company's directors)|Insolvency Act 1986 section 224 (Winding Up of Unregistered Companies) Belmont Park Investments Pty Ltd v BNY Corporate Trustee Services [2011] UKSC 38 (Anti-deprivation principle; Good faith; Priorities; Order of distribution; Security)|BTI 2014 LLC v Sequana SA [2016] EWHC 1686 (Ch) (Directors' powers and duties; Breach of fiduciary duty; Good faith; Fiduciary duty)|Oceanfill Ltd v Nuffield Health Wellbeing Ltd [2022] EWHC 2178 (Ch) (Business restructuring; Debt restructuring; Guarantors; Schemes of arrangement; Summary judgments) Companies House Form LIQ03: Use this form to give notice of progress report in voluntary winding up.|Companies House Form RT01: Use this form to apply to Companies House to get your company restored.|Companies House Form MT03: Tell Companies House that a moratorium has ended early. "[["" Does the lawyer provide an outline of the different rescue options available under the Insolvency Act 1986?"", "" Does the lawyer provide an outline of the different restructuring options available under the Companies Act 2006?"", "" Does the lawyer outline the pros and cons of each of these options, and provide advice on the most suitable solution?"", "" Does the lawyer suggest the use of Part 26A restructuring plans?"", "" Does the lawyer speak of the ability of cramming down dissenting creditors in a Part 26A plan, and the conditions for doing it?"", "" Does the lawyer refer to any relevant case law?"", "" Does the lawyer provide the correct advice?""], [3, 3, 4, 3, 3, 3, 3]]" 3.0 [0, 0, 0, 0, 0, 0, 3] 22 No|No|No|No|No|No|Yes|
Q6 I am a real estate developer. Due to the current housing crisis, my mortgages have ballooned, and I am struggling to make money out of the sale of the properties I recently completed. While my housing portfolio is significant, most properties are not yet ready for the market. I am not paying all my suppliers, and the banks are chasing me multiple times per day. If they foreclose, I lose everything. If I complete all my projects, I can repay the banks and the suppliers. However, one of them just filed a petition for winding up my business. I refuse to believe I am insolvent. Is it likely that the petition will be dismissed? Based on the information provided, it is essential to assess whether your company meets the criteria for insolvency. The determination of insolvency involves considering both cash flow and balance sheet tests. The cash flow test examines whether your company is capable of paying its debts as they fall due, while the balance sheet test looks at whether the value of your company's assets is less than its liabilities. In Re A Company [2022] EWHC 943 (Ch), the court emphasized that a company must demonstrate how COVID-19 specifically impacted its financial situation to prevent a winding-up petition under the Corporate Insolvency and Governance Act 2020 Schedule 10. If you believe the COVID-19 crisis has contributed to your financial difficulties, you should gather evidence to support your claim. However, it is important to note that a winding-up petition can still be made if there is good reason to believe that your company's inability to pay its debts is not solely due to the effects of COVID-19 (Rushbrooke UK Ltd v 4 Design Concepts Ltd [2022] EWHC 1110 (Ch)). This means that if the petitioner has valid reasons to believe that other factors, such as mismanagement or underlying financial issues, are responsible for your company's financial difficulties, the petition may proceed. If a winding-up petition is issued against your company, it is crucial to seek legal advice promptly. An experienced insolvency lawyer can help assess your circumstances and determine the best course of action. They can advise on whether there are grounds to challenge the petition, such as lack of proper service, procedural defects, or substantive arguments regarding the company's solvency. It is important to note that the outcome of the winding-up petition will depend on the specific facts and circumstances of your case. Consulting with a qualified insolvency lawyer will provide you with personalized advice and guidance tailored to your situation. 7.850665807723999 1 Insolvency Act 1986 section A4 (Moratorium)|Insolvency Act 1986 section 124 (Winding Up of Companies Registered under the Companies Acts)|Insolvency Act 1986 section 123 (Winding Up of Companies Registered under the Companies Acts)|The Insolvency (England and Wales) Rules 2016 section 7.4 (WINDING UP BY THE COURT) Re A Company [2022] EWHC 943 (Ch) (Coronavirus; Winding-up petition)|Rushbrooke UK Ltd v 4 Design Concepts Ltd [2022] EWHC 1110 (Ch) (Cross-Border Insolvency; Authority; Directors; Injunctions; Statutory demands; Striking out; Winding-up petitions)|Cheyne Finance plc (No 2), Re [2007] EWHC 2402 (Ch) (Notion of Insolvency; Cash flowS; Balance sheets; Debt; Receivership; Standard of proof)|Casa Estates (UK) Ltd (in liq.), Re [2014] EWCA Civ 383 (Notion of Insolvency; Balance sheets; Cash flows; Transactions at an undervalue)|One Blackfriars Ltd (in liq.), Re [2021] EWHC 684 (Ch) (Administration; Administrators' powers and duties; Conflict of interest; Valuation)|Byblos Bank SAL v Al-Khudhairy (1986) 2 B.C.C. 99 (CA) (Notion of Insolvency; Winding-up orders)|BNY Corporate Trustee Service ltd v Eurosail [2013] UKSC 28 (Notion of Insolvency; Crystallisation; Liabilities; Security) Companies House Form WU07: Use this form to give notice of a progress report in a winding-up by the court.|Companies House Form DS02: Use this form to withdraw your company's striking off application.|Companies House Form MT03: Tell Companies House that a moratorium has ended early. "[["" Does the Lawyer identify the different forms of liquidation, and the circumstances in which a company can be liquidated?"", "" Does the lawyer refer to the relevant statutes (ss. 123-124 IA 1986) to determine if a company is insolvent?"", "" Does the law discuss the differences between cash-flow and balance-sheet insolvency?"", "" Does the lawyer refer to s. 122 IA 1986? "", "" Does the lawyer identify the powers the courts have when hearing an insolvency petition? "", "" Does the lawyer refer to ss.125-128 IA 1986?"", "" Does the lawyer discuss the rescue options available to the debtor?"", "" Does the lawyer refer to any relevant case law? "", "" Does the lawyer provide the correct advice?""], [3, 3, 3, 2, 3, 2, 3, 3, 3]]" 9.0 [0, 0, 3, 0, 0, 0, 0, 3, 3] 25 No|No|Yes|No|No|No|No|Yes|Yes|
Q7 My brother and I have been working together on our hand-made furniture shop for 20+ years. Last year, we had to liquidate the business because we could no longer pay the bills. An official receiver was appointed. Yesterday, he came back to us and asked to repay all the dividends we received in the 5 years before insolvency. This is a ridiculous amount of money (£150,000 each). My brother and I never received a salary. The official receiver says that we could not get any dividends because the business was operating at a loss. We were only paid in dividends to avoid income tax, and because my accountant told me that was fine. Surely, we don’t have to repay that money? In the situation you described, where the official receiver is requesting the repayment of dividends received in the 5 years before the insolvency of your business, it is important to consider the relevant legal principles and rules. Firstly, it is important to examine the concept of dividends and their distribution. Dividends are typically paid out of a company's profits and are distributed to shareholders. When a company is insolvent, it means that its 4.05986213684082 1 Insolvency Act 1986 section 399 (Public Administration (England and Wales))|Insolvency Act 1986 section 132 (Winding Up of Companies Registered under the Companies Acts)|The Insolvency (England and Wales) Rules 2016 section 13.2 (OFFICIAL RECEIVER)|Insolvency Act 1986 section 124 (Winding Up of Companies Registered under the Companies Acts)|Insolvency Act 1986 section 123 (Winding Up of Companies Registered under the Companies Acts) Belmont Park Investments Pty Ltd v BNY Corporate Trustee Services [2011] UKSC 38 (Anti-deprivation principle; Good faith; Priorities; Order of distribution; Security)|Salomon v Salomon & Co. [1897] AC 22 (Limited liability; Piercing the corproate veil; Notion of company)|Prest v Petrodel Resources Ltd [2013] UKSC 34 (Piercing the corporate veil; Limited liability)|MacDonald Dickens & Macklin v Costello [2011] EWCA Civ 930 (Piercing the corporate veil; Breach of contract; Privity of contract; Unjust enrichment)|Gilford Motor Co. Ltd v Horne [1933] Ch. 935 (Piercing the corporate veil; Directors; )|Adams v Cape Industries Plc (1990) BCLC 479 (Foreign jurisdiction; Duty of care; Parent companies; Subsidiary companies; Tortious liability)|Gencor ACP Ltd v Dalby [2000] 7 WLUK 805 (Commission; Directors; Fiduciary duty; Profits)|FG Films Ltd, In Re [1953] 1 All ER 615 (Notion of company; Piercing the corporate veil)|Thomas Cook Group Plc, Re [2019] EWHC 2626 (Ch) (Liquidation; Special managers; Winding-up orders)|Kaytech Int’l Plc, Re [1999] B.C.C. 390 (Investigating and Suppressing Misconduct; Disqualification; Directors)|BTI 2014 LLC v Sequana SA [2016] EWHC 1686 (Ch) (Directors' powers and duties; Breach of fiduciary duty; Good faith; Fiduciary duty)|Re City Build (London) Ltd (in liq.) [2022] EWHC 364 (Ch) (Breach of fiduciary duty; De facto directors; Directors' powers and duties; Shadow directors; Transactions at an undervalue)|DHN Food Distributors Ltd v Tower Hamlets LBC [1976] 3 All ER 462 (Corporate personality; single economic unit; parent company; holdings) Companies House Form REC1: Use this form to give notice of an administrative receiver's report.|Companies House Form REC5: Use this form to give notice of a deceased administrative receiver.|Companies House Form RM01: Use this form to give notice of the appointment of an administrative receiver, receiver or manager of a company's property or undertaking. "[["" Does the lawyer discuss their client\u2019s role (de jure, de facto or shadow director) within the company?"", "" Does the lawyer discuss directors\u2019 duties with the client?"", "" Does the lawyer outline the relevant rules applicable to directors (ss. 212-213 IA 1986)?"", "" Does the lawyer outline the consequences (e.g. disqualification) arising from the director\u2019s misfeasance?"", "" Does the lawyer refer to the Company Director Disqualification Order Act 1986?"", "" Does the lawyer refer to any relevant case law?"", "" Does the lawyer provide the correct advice?""], [4, 4, 4, 4, 3, 3, 3]]" 1.5 [0, 0, 0, 0, 0, 0, 1.5] 25 No|No|No|No|No|No|Maybe|
Q8 My business went into liquidation last year. I was the owner and director. A liquidator was appointed. He is threatening to sue me for breaching my duties as a director unless I return the money I received as monthly repayments for a loan I gave to my company. He’s also threatening to start a disqualification procedure against me for the same reason. I believe I did nothing wrong – this was a fair loan with interests below the market rate. However, I cannot risk being disqualified, because I am also working as a director in my sister’s company. What can I do? Should I return the money? I am not a lawyer, but I can provide some general information that may be helpful. In a situation where a liquidator is threatening legal action against you as a director for breaching your duties, it is important to understand your rights and obligations. Firstly, it is advisable to seek legal advice from a qualified insolvency lawyer who can review the specific details of your case and provide tailored guidance. They will have a better understanding of the relevant laws and applicable case law in your jurisdiction. Under the Companies Act 2006, directors have certain duties to act in the best interests of the company and exercise reasonable care, skill, and diligence. Breaching these duties may result in a director being held personally liable for any losses suffered by the company. If the liquidator believes that you breached your duties as a director, they may bring a claim of misfeasance against you under Section 212 of the Insolvency Act 1986. This allows the court to make various orders, including requiring you to repay or restore funds that were improperly obtained from the company. In considering whether to return the money you received as monthly loan repayments, it is important to assess the validity of the loan agreement and whether it was entered into on fair and reasonable terms. If the loan was properly documented, had a commercial rationale, and was based on market rates, this may strengthen your position. However, it is essential to carefully review all relevant documents, including the loan agreement, company records, and any communications between yourself and the company. Any evidence supporting the legitimacy of the loan and the reasonableness of the interest rates should be gathered. It may also be helpful to obtain independent expert advice on these matters. Regarding the threat of disqualification proceedings, the liquidator may seek to disqualify you as a director if they believe you have acted in a way that makes you unfit to be involved in the management of a company. Disqualification proceedings are serious and can have significant consequences for your ability to act as a director in the future. To effectively defend against disqualification, you will need to demonstrate that your actions as a director were reasonable and conducted in good faith. Again, seeking legal advice specific to your circumstances will be crucial in understanding the potential risks and developing a strategy to protect your interests. Ultimately, it is important to consider the potential costs, risks, and benefits of defending against the liquidator's claims versus reaching a settlement or agreeing to repay some or all of the loan funds. A legal professional can help you evaluate these options and determine the most appropriate course of action. Please note that this information is general in nature and should not be considered legal advice. It is always advisable to consult with a qualified legal professional who can provide guidance tailored to your specific situation. 8.340169191360474 1 Insolvency Act 1986 section 108 (Winding Up of Companies Registered under the Companies Acts)|Insolvency Act 1986 section 91 (Winding Up of Companies Registered under the Companies Acts)|Insolvency Act 1986 section 124 (Winding Up of Companies Registered under the Companies Acts)|Insolvency Act 1986 section 123 (Winding Up of Companies Registered under the Companies Acts)|The Insolvency (England and Wales) Rules 2016 section 6.23 (CREDITORS' VOLUNTARY WINDING UP) HLC Environmental Projects Ltd, Re [2013] EWHC 2876 (Ch) (Cash flows; Notion of insolvency; Directors' liabilities; Directors' powers and duties; Liquidators' powers and duties; Misfeasance; Payments in insolvency)|Cheyne Finance plc (No 2), Re [2007] EWHC 2402 (Ch) (Notion of Insolvency; Cash flowS; Balance sheets; Debt; Receivership; Standard of proof)|Centralcrest Engineering Ltd, Re [1999] 9 W.L.U.K. 176 (Misconduct; Liquidators' duties; Misfeasance; Tortious liability; Trading)|Casa Estates (UK) Ltd (in liq.), Re [2014] EWCA Civ 383 (Notion of Insolvency; Balance sheets; Cash flows; Transactions at an undervalue)|Lehman Brothers Int’l (Europe) (in admin.) Re [2014] EWHC 704 (Ch) (Administration; Contributories; Foreign currency transactions; Liquidation; Set-off; Subordination agreements)|Byblos Bank SAL v Al-Khudhairy (1986) 2 B.C.C. 99 (CA) (Notion of Insolvency; Winding-up orders)|BNY Corporate Trustee Service ltd v Eurosail [2013] UKSC 28 (Notion of Insolvency; Crystallisation; Liabilities; Security) Companies House Form LIQ03: Use this form to give notice of progress report in voluntary winding up.|Companies House Form WU04: Use this form to give notice of the appointment of liquidator in a winding-up by the court.|Companies House Form 600CH: Use this form to tell Companies House of an appointment of liquidator in a voluntary winding up by the members or creditors. "[["" Does the lawyer discuss their client\u2019s role (de jure, de facto or shadow director) within the company?"", "" Does the lawyer discuss directors\u2019 duties with the client?"", "" Does the lawyer outline the relevant rules applicable to directors (ss. 212-213 IA 1986)?"", "" Does the lawyer outline the consequences (e.g. disqualification) arising from the director\u2019s misfeasance?"", "" Does the lawyer refer to the Company Director Disqualification Order Act 1986?"", "" Does the lawyer refer to any relevant case law?"", "" Does the lawyer provide the correct advice?""], [4, 4, 4, 4, 3, 3, 3]]" 16.5 [0, 4, 4, 4, 1.5, 0, 3] 25 No|Yes|Yes|Yes|No|No|Yes|
Q9 My business is operating at a loss. Chase Bank is my major lender, and they have a security over my home. I fell into arrears towards several suppliers, but I do believe I can turn around my business if I am given a bit more time to repay my debts. What can I do? Based on the information provided, it appears that your business is experiencing financial difficulties and may be at risk of insolvency. It is important to seek legal advice to understand your options and potential consequences. Here are some general steps you can consider: 1. Review your financial situation: Assess your business's financial position and determine the extent of the losses and outstanding debts. This will help you understand the severity of the situation and inform your decision-making. 2. Communicate with creditors: Reach out to your suppliers and Chase Bank to explain the situation and discuss possible solutions. They may be willing to negotiate new payment terms or offer temporary relief to help you overcome the current difficulties. 3. Consider restructuring options: Explore possible restructuring options to improve your business's financial viability. This could involve renegotiating contracts, reducing costs, or diversifying your customer base. Seeking professional advice from insolvency practitioners or restructuring specialists can provide guidance in this regard. 4. Cash flow management: Develop a cash flow management plan to ensure that your business has sufficient funds to meet its ongoing obligations. This might involve prioritizing essential payments, implementing cost-saving measures, or seeking additional financing options. 5. Seek legal advice: Consult with a corporate insolvency lawyer who can provide specific advice tailored to your circumstances. They can guide you on the best course of action, including potential alternatives to insolvency proceedings. 6. Explore formal insolvency procedures: If it becomes clear that your business is insolvent and cannot be saved, you may need to consider formal insolvency procedures such as a company voluntary arrangement (CVA) or administration. These processes can help restructure or wind up the business in an orderly manner while protecting the interests of creditors. 7. Directors' obligations: As a director, it is crucial to act in the best interests of the company and its creditors. Ensure that you comply with your fiduciary duties and avoid any actions that could be considered fraudulent or wrongful trading, as this may result in personal liability. Remember, this is general guidance, and each situation is unique. It is advisable to seek professional legal advice to assess your specific circumstances and determine the most appropriate course of action. 12.474215030670166 1 Insolvency Act 1986 section 269 (Bankruptcy)|Insolvency Act 1986 section 124 (Winding Up of Companies Registered under the Companies Acts)|Insolvency Act 1986 section 123 (Winding Up of Companies Registered under the Companies Acts)|Companies Act 2006 section 226C (A company's directors)|Insolvency Act 1986 section 224 (Winding Up of Unregistered Companies) "Cheyne Finance plc (No 2), Re [2007] EWHC 2402 (Ch) (Notion of Insolvency; Cash flowS; Balance sheets; Debt; Receivership; Standard of proof)|Petitioner v Company [2022] 6 WLUK 131 (Coronavirus; Demands; Inability to pay debts; Loan agreements; Winding-up petitions
)|Casa Estates (UK) Ltd (in liq.), Re [2014] EWCA Civ 383 (Notion of Insolvency; Balance sheets; Cash flows; Transactions at an undervalue)|Re Pure Zanzibar Ltd [2022] EWHC 971 (Ch) (Creditors' voluntary winding-up; Directors disqualification; Disqualification periods; Mitigation; Wrongful trading)|Byblos Bank SAL v Al-Khudhairy (1986) 2 B.C.C. 99 (CA) (Notion of Insolvency; Winding-up orders)|BTI 2014 LLC v Sequana SA [2016] EWHC 1686 (Ch) (Directors' powers and duties; Breach of fiduciary duty; Good faith; Fiduciary duty)|BNY Corporate Trustee Service ltd v Eurosail [2013] UKSC 28 (Notion of Insolvency; Crystallisation; Liabilities; Security)" Companies House Form DS01: Use this service to apply to strike off a company from the Companies House register. It costs £8 to apply online, or £10 for a paper application.|Companies House Form RT01: Use this form to apply to Companies House to get your company restored.|Companies House Form MT03: Tell Companies House that a moratorium has ended early. "[["" Does the lawyer identify the different forms of liquidation, and the circumstances in which a company can be liquidated? "", "" Does the lawyer refer to the relevant statutes (ss. 123-124 IA 1986) to determine if a company is insolvent?"", "" Does the law discuss the differences between cash-flow and balance-sheet insolvency?"", "" Does the lawyer discuss the rescue options available under Insolvency Law 1986?"", "" Does the lawyer discuss the restructuring options available under Companies Act 2006?"", "" Does the lawyer refer to any relevant case law? "", "" Does the lawyer provide the correct advice?""], [4, 4, 3, 4, 4, 3, 3]]" 6.0 [0, 0, 3, 0, 0, 0, 3] 25 No|No|Yes|No|No|No|Yes|
Q10 My business went into liquidation last March. I tried my best to avoid it. I may have preferred some creditors over others, but simply because they knew I was struggling, and they would not give me their products on credit. I may also have taken some money out of the business account to repay the mortgage on my house. Surely, I did nothing wrong? Do I risk anything? "I am not a lawyer, but I can provide some general information that may be helpful. It is important to note that this information should not be considered legal advice, and it is recommended to consult with a professional insolvency lawyer for specific guidance based on your circumstances. In general, during the liquidation process, the appointed liquidator will review the company's financial affairs and transactions. They will determine if any actions were taken by the directors or officers of the company that may be considered improper or in breach of their fiduciary duties. In terms of preferring certain creditors over others, there are strict rules in place to ensure fairness and equality among creditors. If it is found that you have intentionally favored certain creditors over others, there is a risk that those transactions could be challenged as ""preferences"" or ""undervalued transactions."" The liquidator may seek to recover those funds or assets for the benefit of all creditors. With regard to using company funds to repay personal debts, this could potentially be viewed as a breach of your duties as a director or officer. It is important to note that directors have a duty to act in the best interests of the company and its creditors, and using company funds for personal purposes may be seen as a violation of that duty. It is crucial to consult with an experienced insolvency lawyer who can carefully review your specific circumstances and provide you with accurate advice based on the relevant laws and case precedents. They will be able to guide you on potential risks and defenses that may be available to you. Additionally, it is worth noting that the government has measures in place to combat fraudulent or wrongful trading by directors. The Company Directors Disqualification Act 1986 allows for disqualification of directors who are found to have acted in a manner that is unfit. Please seek professional legal advice to fully understand your rights and responsibilities in this situation." 10.59307861328125 1 Insolvency Act 1986 section A16 (Moratorium)|Insolvency Act 1986 section 124 (Winding Up of Companies Registered under the Companies Acts)|Insolvency Act 1986 section 123 (Winding Up of Companies Registered under the Companies Acts)|Insolvency Act 1986 section 188 (Winding Up of Companies Registered under the Companies Acts)|Insolvency Act 1986 section 247 (Interpretation for First Group of Parts) Belmont Park Investments Pty Ltd v BNY Corporate Trustee Services [2011] UKSC 38 (Anti-deprivation principle; Good faith; Priorities; Order of distribution; Security)|Marches Credit Union Ltd, Re [2013] EWHC 1731 (Ch) (Liquidation; Locus standi; Petitions; Union)|Cheyne Finance plc (No 2), Re [2007] EWHC 2402 (Ch) (Notion of Insolvency; Cash flowS; Balance sheets; Debt; Receivership; Standard of proof)|Casa Estates (UK) Ltd (in liq.), Re [2014] EWCA Civ 383 (Notion of Insolvency; Balance sheets; Cash flows; Transactions at an undervalue)|Byblos Bank SAL v Al-Khudhairy (1986) 2 B.C.C. 99 (CA) (Notion of Insolvency; Winding-up orders)|BTI 2014 LLC v Sequana SA [2016] EWHC 1686 (Ch) (Directors' powers and duties; Breach of fiduciary duty; Good faith; Fiduciary duty)|BNY Corporate Trustee Service ltd v Eurosail [2013] UKSC 28 (Notion of Insolvency; Crystallisation; Liabilities; Security) Companies House Form LIQ02: Use this form to give notice of a statement of affairs.|Companies House Form LIQ06: Use this form to give notice of a liquidator's resignation in members' voluntary liquidation or creditors' voluntary liquidation.|Companies House Form AM22: Use this form to give notice of a move from administration to creditors' voluntary liquidation. "[["" Does the lawyer mention the directors\u2019 duties under the Companies Act 2006, ss. 250-277?"", "" Does the lawyer discuss the general remedies available against delinquent directors (ss. 212-214 IA 1986)?"", "" Does the lawyer discuss the risks associated with preferential payments to some creditors (s. 239 IA 1986)?"", "" Does the lawyer outline the consequences (e.g. disqualification) arising from the director\u2019s misfeasance? "", "" Does the lawyer refer to the Company Director Disqualification Order Act 1986?"", "" Does the lawyer refer to any relevant case law?"", "" Does the lawyer provide the correct advice?""], [4, 4, 4, 4, 3, 3, 3]]" 16.0 [0, 2.0, 4, 4, 3, 0, 3] 25 No|No|Yes|Yes|Yes|No|Yes|
Q11 My life-long partner just left me for an Italian scugnizzo who is 15 years younger than her. What’s worse is that before leaving, she emptied our joint business account and she stopped paying the joint mortgage we have on our business. The bank is threatening legal actions against me, and to foreclose on the business property. What can I do? By the way, I cannot contact my (ex) partner but I believe she’s now in Italy with her new partner. I'm sorry to hear about your situation. It is important to obtain professional legal advice specific to your circumstances, but I can provide some general guidance. 1. Seek legal advice: Contact a corporate insolvency lawyer who can guide you through the legal process and provide advice tailored to your situation. They will be able to advise you on the best course of action to protect your interests. 2. Notify the bank: Inform the bank about the situation and explain that your partner has emptied the joint business account without your consent. Provide as much evidence as possible, such as bank statements, to support your claim. The bank may be able to freeze the account or take other actions to mitigate the situation. 3. Joint mortgage: If your partner has stopped paying the joint mortgage on the business property, it could lead to foreclosure. Consult with your lawyer to explore your options, such as renegotiating the mortgage terms or finding alternative financing. 4. Trace your partner's whereabouts: If you have difficulty contacting your partner, it may be necessary to hire a private investigator to locate her in Italy. This will help establish communication and enable legal proceedings to be pursued if necessary. 5. Legal action against your partner: Depending on the circumstances, you may need to take legal action against your partner to recover the funds taken from the joint account and address the breach of obligations. Your lawyer will guide you on the appropriate legal remedies available to you, which may include initiating legal proceedings in England or in Italy. 6. Insolvency proceedings: Depending on the financial state of the business, it may be necessary to consider insolvency proceedings. Your lawyer will be able to advise you on the most suitable options available, such as voluntary liquidation or administration. Remember, this is general advice and should not be considered as a substitute for seeking professional legal advice. It is important to consult with a corporate insolvency lawyer who can assess your specific circumstances and provide guidance tailored to your situation. 11.39658236503601 1 Companies Act 2006 section 154 (A company's directors)|Insolvency Act 1986 section 251R (Debt relief orders)|Insolvency Act 1986 section 124 (Winding Up of Companies Registered under the Companies Acts)|Insolvency Act 1986 section 123 (Winding Up of Companies Registered under the Companies Acts)|Insolvency Act 1986 section 365 (Bankruptcy) Barclays Bank Plc v Eustice [1995] 1 W.L.R. 1238 (Directors' duties and powers; Misconduct; Transactions at an undervalue)|Cheyne Finance plc (No 2), Re [2007] EWHC 2402 (Ch) (Notion of Insolvency; Cash flowS; Balance sheets; Debt; Receivership; Standard of proof)|Casa Estates (UK) Ltd (in liq.), Re [2014] EWCA Civ 383 (Notion of Insolvency; Balance sheets; Cash flows; Transactions at an undervalue)|Byblos Bank SAL v Al-Khudhairy (1986) 2 B.C.C. 99 (CA) (Notion of Insolvency; Winding-up orders)|BTI 2014 LLC v Sequana SA [2016] EWHC 1686 (Ch) (Directors' powers and duties; Breach of fiduciary duty; Good faith; Fiduciary duty)|Re Entertainment Ltd [2016] EWHC 1545 (Ch) (Cross-Border Insolvency; Centre of main interests; Cross-border insolvency; Foreign proceedings)|BNY Corporate Trustee Service ltd v Eurosail [2013] UKSC 28 (Notion of Insolvency; Crystallisation; Liabilities; Security) Companies House Form DS01: Use this service to apply to strike off a company from the Companies House register. It costs £8 to apply online, or £10 for a paper application.|Companies House Form DS02: Use this form to withdraw your company's striking off application.|Companies House Form MT03: Tell Companies House that a moratorium has ended early. "[["" Does the Lawyer identify the different forms of liquidation, and the circumstances in which a company can be liquidated?"", "" Does the lawyer refer to the relevant statutes (ss. 123-124 IA 1986) to determine if a company is insolvent? "", "" Does the lawyer mention the directors\u2019 duties under the Companies Act 2006, ss. 250-277? "", "" Does the lawyer discuss the general remedies available against delinquent directors (ss. 212-214 IA 1986)? "", "" Does the lawyer outline the consequences (e.g. disqualification) arising from the director\u2019s misfeasance? "", "" Does the lawyer refer to the Company Director Disqualification Order Act 1986? "", "" Does the lawyer refer to any relevant case law? "", "" Does the lawyer provide the correct advice?""], [3, 3, 3, 3, 4, 3, 3, 3]]" 3.0 [0, 0, 0, 0, 0, 0, 0, 3] 25 No|No|No|No|No|No|No|Yes|
Q12 After Brexit, I set up a business in the Netherlands. This is a limited liability company. I am the sole director of that company. There are no employees in the Netherlands, just some people I hire occasionally to load and unload the lorries that distribute my products to the rest of Europe. I have now decided to stop selling goods to Europe, because it is not profitable. I want to wind-up the business here in the UK. Can I do it? As a corporate insolvency lawyer in England, I can provide you with some helpful legal advice. Since your business is registered in the Netherlands, you will need to follow the relevant Dutch laws and procedures to wind-up your business there. However, please note that winding-up a business involves a formal process and there could be legal and financial implications. It is recommended that you consult with a Dutch lawyer or professional to guide you through the process and ensure compliance with the local laws and regulations. In terms of winding-up the business in the UK, if your company is registered in the Netherlands and does not have a presence or operations in the UK, it may not be necessary to formally wind-up the company here. However, it is important to consider any potential ongoing obligations or liabilities in the UK before making a final decision. For example, if your company has outstanding debts or contractual obligations in the UK, it may be necessary to address these before closing the business. I would advise you to seek professional advice from a corporate lawyer who specializes in cross-border matters to fully understand your options and the implications of winding-up your business in both the UK and the Netherlands. Please note that this advice is general in nature and it is always recommended to seek tailored legal advice based on your specific circumstances. 8.048301458358765 1 Companies Act 2006 section 3 (General introductory provisions)|Companies Act 2006 section 58 (A company's name)|Companies Act 2006 section 59 (A company's name) Bristol Airport Plc v Powdrill [1990] Ch 744 (Administration; Liens; Security)|Prest v Petrodel Resources Ltd [2013] UKSC 34 (Piercing the corporate veil; Limited liability)|McTear v Eade [2019] EWHC 1673 (Ch) (Breach of fiduciary duty; Directors' duties and powers; Limited liability partnerships; Liquidation; Misfeasance) Companies House Form IC01: Us this form to give notice of the intention to carry on business as an investment company.|Companies House Form MR06: Use this form to register a statement of a company acting as a trustee after a charge created on or after 6 April 2013 has been registered.|Companies House Form RR02: This form is for public companies to re-register as a private limited company. "[["" Does the lawyer refer to the relevant laws (European Insolvency Regulation recast (2015); Cross-Border Insolvency Regulations (2005); Brexit Agreements (2020))?"", "" Does the lawyer discuss the difference between COMI and establishment?"", "" Does the lawyer discuss the implications of Brexit for the recognition and enforcement of insolvency judgments?"", "" Does the lawyer refer to any relevant case law?"", "" Does the lawyer provide the correct advice?""], [5, 5, 5, 5, 5]]" 5.0 [0, 0, 0, 0, 5] 25 No|No|No|No|Yes|
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