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Re: BigBadWolf post# 64115

Wednesday, 04/24/2024 5:24:31 PM

Wednesday, April 24, 2024 5:24:31 PM

Post# of 64265
https://www.foxwilliams.com/2022/03/01/director-responsibility-10-ways-a-director-could-be-held-personally-liable-in-2022/

A recently published case has shone a new light on the well-known fact of English company law – that a company has its own legal personality and is therefore separate and distinct from its members and directors.

Thus, a company shields its members and directors from most liabilities. For directors, this protective veil is pierced in certain limited circumstances such as those set out below.

1. Not acting in good faith
2. Voluntarily entering into personal guarantees
3. Filing at Companies House
4. Wrongful trading
5. Breach of director’s duties
6. Breach of statutory duty including Healthy and safety legislation
7. Statutory declarations
8. Phoenix liability
9. Vicarious / assumed liability
10. Tax evasion



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