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A director may incur civil and criminal liability for debts incurred during trading when there are reasonable grounds for suspecting that the company is, or may become, insolvent.
Companies Act, 2013: In terms of the provisions of the companies act, the director of a company may be held liable for any loss or damages sustained by the company as a consequence of any breach by him or her and due to failure to disclose a personal financial interest in a particular matter.
A person is appointed as a director under the Companies Act, however, his / her liabilities as a director are not just limited to the offences committed under the Companies Act but he is also liable for the offenses committed under the various other statutes like the Negotiable Instruments Act, 1881, Labour Laws, GST ...
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.
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.