Ch 19- Insolvency Flashcards

1
Q

Fraudulent trading=

Trading whilst insolvent with intention of defrauding creditors.

CRIMINAL OFFENCE- NEED PROVEN Beyond reasonable doubt
(Imprisonment up to 10 years)
Disqualified 2-15 years

A
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2
Q

Wrongful trading=
Trade when knew/ought to conclude no reasonable prospect of avoiding insolvency liquidation.

CIVIL OFFENCE- NEEDS TO BE PROVEN on balance of probabilities
Disqualified 2-15 years

A
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