Ask a Law Question, Get an Answer ASAP!
Hello, and thanks for your help. In light of your comments, would it therefore be appropriate for me to write the following for point 3 (“What order are you asking the court to make and why?”), when completing an N244 Application form:
To make an application to the Court to ‘pierce the corporate veil’; requesting that individuals be included as Defendants. Namely, [name of director 1] and [name of director 2] – the former Directors of [name of company] (the 1st Defendant).
To make an order pertaining to s.900 of the Companies Act 2006 for the amalgamation of the dissolved company [name of company], and the currently trading business [name of 2nd company], and the subsequent transference of liabilities from the transferor company to the transferee company; thus making provision for the continuation of legal proceedings against the transferor company.
At the discretion of the Court [or should that be ‘Judge’?].
Would it be considered ‘bad practice’ to give an ‘OR’ option on an application like this (as above), or is the reason (for your reply) because the 2nd option is incorrect? …And if so, why?