Medium2 marksMultiple Choice
Corporate and Business LawSection BSyllabus GInsolvency Law

ACCA · Question 58 · Corporate and Business Law

SCENARIO: Titanium Structures plc is a construction firm. In January, the directors realized the company was hopelessly insolvent due to a supply chain crisis and could not avoid liquidation. However, hoping for a 'miracle contract', they continued trading, ordering £500,000 of steel on credit in February. They had no intention of defrauding the supplier, they were just overly optimistic. In March, the company collapsed into insolvent liquidation.

Based on the directors' actions, which provision of the Insolvency Act 1986 are they most likely to have breached?

Answer options:

A.

Fraudulent trading (s.213)

B.

Wrongful trading (s.214)

C.

Misfeasance (s.212)

D.

Transactions at an undervalue (s.238)

How to approach this question

Differentiate between wrongful and fraudulent trading based on the directors' intent.

Full Answer

B.Wrongful trading (s.214)✓ Correct
Under s.214 of the Insolvency Act 1986, wrongful trading occurs when directors know or ought to conclude that there is no reasonable prospect of avoiding insolvent liquidation, but fail to take every step to minimize potential loss to creditors. Because they lacked dishonest intent, it is not fraudulent trading (s.213).

Common mistakes

Selecting fraudulent trading just because they ordered goods they couldn't pay for.

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