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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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RE: Insolvency Act 1986 c. 45 Part IV Chapter X Penalisation

Customer Question

RE: Insolvency Act 1986 c. 45 Part IV Chapter X Penalisation of directors and officers, s. 217

[http://www.legislation.gov.uk/ukpga/1986/45/section/217 ]

Question: What happens if a company goes inactive and waits to be struck-off the register as oppose to being liquidated?  

If the director of said Ltd. company sets up as a sole trader during dissolution, and transfers all business operations to the new venture from the Ltd. company, would they not then become "personally responsible for all the relevant debts of a company if at any time [...] in contravention of section 216"?

- Many thanks.
Submitted: 3 years ago.
Category: Law
Expert:  Nicola-mod replied 3 years ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 3 years ago.
Yes, I'll wait.
Expert:  Nicola-mod replied 3 years ago.
Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  Alex J. replied 3 years ago.
Hi

Thank you.

My name is AJ and I will assist you with this.

Did the company have any other creditors before it was struck off? How long ago was it struck off?

Kind regards

AJ
Customer: replied 3 years ago.
Hello,
They were struck off 1 April. They owed their solicitor for services rendered relating to this case, but I do not know of any others (although it would not surprise me if there were more).
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

How much are you owed?

Kind regards

AJ
Customer: replied 3 years ago.
Relist: I prefer a second opinion.