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Wrongful trading

Index Wrongful trading

Wrongful trading is a type of civil wrong found in UK insolvency law, under Section 214 Insolvency Act 1986. [1]

29 relations: Australian insolvency law, Board of directors, Champerty and maintenance, Civil wrong, Companies House, Company, Contingent fee, Contingent liability, De facto, De jure, Debenture, Department for Business, Innovation and Skills, Enterprise Act 2002, Fraudulent trading, Insolvency, Insolvency Act 1986, Insolvency practitioner, Layoff, Liquidation, Liquidator (law), Preferential creditor, Re Brian D Pierson (Contractors) Ltd, Re Continental Assurance Co of London plc, Re Oasis Merchandising Services Ltd, Re Produce Marketing Consortium Ltd (No 2), Re Purpoint Ltd, Trading while insolvent, United Kingdom insolvency law, Unsecured creditor.

Australian insolvency law

Australian insolvency law regulates the position of companies which are in financial distress and are unable to pay or provide for all of their debts or other obligations, and matters ancillary to and arising from financial distress.

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Board of directors

A board of directors is a recognized group of people who jointly oversee the activities of an organization, which can be either a for-profit business, nonprofit organization, or a government agency.

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Champerty and maintenance

Champerty and maintenance are doctrines in common law jurisdictions that aim to preclude frivolous litigation.

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Civil wrong

A civil wrong or wrong is a cause of action under the law of the governing body.

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Companies House

Companies House is the United Kingdom's registrar of companies and is an executive agency and trading fund of Her Majesty's Government.

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Company

A company, abbreviated as co., is a legal entity made up of an association of people for carrying on a commercial or industrial enterprise.

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Contingent fee

A contingent fee or contingency fee (in the United States) or conditional fee (in England and Wales) is any fee for services provided where the fee is payable only if there is a favourable result.

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Contingent liability

Contingent liabilities are liabilities that may be incurred by an entity depending on the outcome of an uncertain future event such as the outcome of a pending lawsuit.

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De facto

In law and government, de facto (or;, "in fact") describes practices that exist in reality, even if not legally recognised by official laws.

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De jure

In law and government, de jure (lit) describes practices that are legally recognised, whether or not the practices exist in reality.

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Debenture

In corporate finance, a debenture is a medium to long-term debt instrument used by large companies to borrow money, at a fixed rate of interest.

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Department for Business, Innovation and Skills

The Department for Business, Innovation and Skills (BIS) was a ministerial department of the United Kingdom Government created on 5 June 2009 by the merger of the Department for Innovation, Universities and Skills (DIUS) and the Department for Business, Enterprise and Regulatory Reform (BERR).

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Enterprise Act 2002

The Enterprise Act 2002 is an Act of the Parliament of the United Kingdom which made major changes to UK competition law with respect to mergers and also changed the law governing insolvency bankruptcy.

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Fraudulent trading

In company law, fraudulent trading is doing business with intent to defraud creditors.

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Insolvency

Insolvency is the state of being unable to pay the money owed, by a person or company, on time; those in a state of insolvency are said to be insolvent.

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Insolvency Act 1986

The Insolvency Act 1986 is an Act of the Parliament of the United Kingdom that provides the legal platform for all matters relating to personal and corporate insolvency in the UK.

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Insolvency practitioner

In the United Kingdom, only an authorised or licensed Insolvency Practitioner (usually abbreviated to IP) may be appointed in relation to formal insolvency procedures.

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Layoff

A layoff is the temporary suspension or permanent termination of employment of an employee or, more commonly, a group of employees (collective layoff) for business reasons, such as personnel management or downsizing an organization.

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Liquidation

In United Kingdom, Republic of Ireland and United States law and business, liquidation is the process by which a company is brought to an end.

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Liquidator (law)

In law, a liquidator is the officer appointed when a company goes into winding-up or liquidation who has responsibility for collecting in all of the assets under such circumstances of the company and settling all claims against the company before putting the company into dissolution.

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Preferential creditor

A preferential creditor (in some jurisdictions called a preferred creditor) is a creditor receiving a preferential right to payment upon the debtor's bankruptcy under applicable insolvency laws.

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Re Brian D Pierson (Contractors) Ltd

Re Brian D Pierson (Contractors) Ltd BCC 26 is a UK insolvency law and company law case, concerning misfeasance and wrongful trading.

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Re Continental Assurance Co of London plc

Re Continental Assurance Co of London plc 2 BCLC 287 (also, Singer v. Beckett) is a UK insolvency law case on wrongful trading under section 214 of the Insolvency Act 1986.

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Re Oasis Merchandising Services Ltd

Re Oasis Merchandising Services Ltd Ch 170 is a UK insolvency law and company law case, concerning wrongful trading.

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Re Produce Marketing Consortium Ltd (No 2)

Re Produce Marketing Consortium Ltd (No 2) 5 BCC 569 was the first UK company law or UK insolvency law case under the wrongful trading provision of s 214 Insolvency Act 1986.

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Re Purpoint Ltd

Re Purpoint Ltd BCLC 491 is a UK insolvency law and company law case, concerning misfeasance and wrongful trading.

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Trading while insolvent

Trading while insolvent is unlawful in a number of legal systems, and may result in the directors becoming personally liable for a company's debts.

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United Kingdom insolvency law

United Kingdom insolvency law regulates companies in the United Kingdom which are unable to repay their debts.

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Unsecured creditor

An unsecured creditor is a creditor other than a preferential creditor that does not have the benefit of any security interests in the assets of the debtor.

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References

[1] https://en.wikipedia.org/wiki/Wrongful_trading

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