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    PracticeACCAACCA LW — Corporate and Business Law Practice Exam 2Question 58
    Medium2 marksMultiple Choice
    Insolvency lawSection BSyllabus GCorporate and Business Law

    ACCA · Question 58 · Insolvency law

    Scenario: 'GeoThermal Grid Ltd' is facing severe financial difficulties. The directors realize the company cannot avoid insolvent liquidation, but they continue trading for six months, incurring £500,000 in new debts. Just before liquidation, they repay a £50,000 loan to the Managing Director's brother, while ignoring other creditors.

    Question: Under the Insolvency Act 1986, what civil liability do the directors face for continuing to trade and incur debt when they knew insolvency was unavoidable?

    Answer options:

    A.

    Fraudulent trading.

    B.

    Wrongful trading.

    C.

    Misfeasance.

    D.

    No liability, as companies have limited liability.

    How to approach this question

    Identify the key phrase: 'realize the company cannot avoid insolvent liquidation, but they continue trading'. This is the exact definition of wrongful trading.

    Full Answer

    B.Wrongful trading.✓ Correct
    Under section 214 of the Insolvency Act 1986, directors can be held personally liable to contribute to the company's assets if they engaged in 'wrongful trading'. This occurs when a director knew, or ought to have concluded, that there was no reasonable prospect that the company would avoid going into insolvent liquidation, and failed to take every step to minimize potential loss to creditors.

    Common mistakes

    Confusing wrongful trading (s.214) with fraudulent trading (s.213). Fraudulent trading requires actual dishonesty/intent to defraud, whereas wrongful trading is based on negligence/recklessness.
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