Company winding up with fraudulent intent can trigger unlimited personal liability for directors, managers, officers, and knowing participants. Where a company's business is carried on during winding up with intent to defraud creditors or for fraudulent purposes, the Tribunal may, on application by the Official Liquidator, Company Liquidator, creditor or contributory, declare directors, managers, officers or persons knowingly party to the conduct personally responsible without limitation for company debts or liabilities as directed, permit liquidators to give evidence, and make orders creating or enforcing charges on debts, mortgages, charges or assets to effect that declaration.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Company winding up with fraudulent intent can trigger unlimited personal liability for directors, managers, officers, and knowing participants.
Where a company's business is carried on during winding up with intent to defraud creditors or for fraudulent purposes, the Tribunal may, on application by the Official Liquidator, Company Liquidator, creditor or contributory, declare directors, managers, officers or persons knowingly party to the conduct personally responsible without limitation for company debts or liabilities as directed, permit liquidators to give evidence, and make orders creating or enforcing charges on debts, mortgages, charges or assets to effect that declaration.
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