Business Advice

Company insolvency- why directors push beyond the limits

The year 2009 witnessed a huge increase in the number of companies on the brink of insolvency. Directors of such companies faced a huge risk of facing sentences and huge fines if they did not take measures to prevent insolvent trading. Usually a company director is supposed to actively monitor the solvency of a company and take evasive action when there are signs the business is no longer stable. Rather than take commercial recovery methods, most directors opt for preferential treatment of some creditors especially the banks. In most cases, the directors make personal guarantees for the sums lent by the banks. This means that the director has to pay the banks before dealing with other creditors who are less likely to take legal action against the company. This means that the director is trying to reduce the burden of the personal guarantee he made to the banks. However, company insolvency is a serious issue that requires the directors to follow the right channels. Otherwise, if the company does not recover, the directors will be liable for the loss incurred when the company became insolvent.