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When can a company director be held personally liable for company debts? Overdrawn director's loan accounts. Signing a personal guarantee. Debts have accumulated due to fraudulent means (such as taking on credit you knew you wouldn't be able to repay) Director misconduct.
Proving the trigger date Proof of the company's financial condition on any given date. Proving that meant insolvency was inevitable. Proving that a particular director should have realised that.
Actions in the Face of Insolvency Directors may be personally liable if they approve certain transactions while the corporation is insolvent or if such action would result in the corporation becoming insolvent. These transactions include paying dividends, redeeming shares, and repaying loans.
A director can be found to be personally liable for a company offence if they consented or connived in an illegal activity, or caused it through neglect of their duties.
What does it mean for a director found guilty of wrongful trading? The order the court will usually make on the finding of wrongful trading is that the director contributes personally to the company for the value of the increase in loss to creditors during the period of wrongful trading.