Insolvent Trading & Director’s Role

Insolvent trading is the law under the Corporations Act section 588G that says that if a company is insolvent and a director allows the company to incur a new debt, then the director can be made personally liable for the new debts incurred. The law makes directors responsible for ensuring that their company does not trade while insolvent.

Insolvent trading is the law under the Corporations Act section 588G that says that if a company is insolvent and a director allows the company to incur a new debt, then the director can be made personally liable for the new debts incurred. The law makes directors responsible for ensuring that their company does not trade while insolvent.

This video outlines the roles and responsibilities of a Company Director while company goes insolvent.

In this video, you will discover the following key points:

  1. Avoid trading whilst insolvent.
  2. What are the powers given to liquidators under the section 588 G of Corporations Act?
  3. A Director may access protection from the consequences of insolvent trading.
  4. A Director has a defence against insolvent trading claims as per Section 588H of the Act.
  5. A Defence will apply to protect a Director from personal liability in an insolvent trading claim.
  6. Safe Harbour option for Directors and its requirements.
  7. Involving a Safe Harbour advisor.
SERVICES

Services

Recent Articles

Financial pressure is a reality for many Australians right now. Higher household costs, interest rates and other financial pressures can put significant strain on individuals and families. Of course, financial pressure does not mean someone will commit fraud. Most people experiencing financial difficulty will never do anything dishonest. But from

Financial pressure is a reality for many Australians right now. Higher household costs, interest rates and other financial pressures can put significant strain on individuals and families. Of course, financial pressure does not mean someone will commit fraud. Most people experiencing financial difficulty will never do anything dishonest. But from

In this episode of The Cut, Simon speaks with Samantha Parsons of Parsons & Partners about the rapidly growing private credit and non-bank lending sector. They discuss mortgage fraud, identity verification, digital signing, AI, lender due diligence, changing case law and the importance of properly structured loan documents. Samantha shares

In this episode of The Cut, Simon speaks with Samantha Parsons of Parsons & Partners about the rapidly growing private credit and non-bank lending sector. They discuss mortgage fraud, identity verification, digital signing, AI, lender due diligence, changing case law and the importance of properly structured loan documents. Samantha shares

What should a receiver or liquidator look for when investigating the actions of a director whose appointment of administrators ultimately nets for him or her the company’s valuable assets? And what does that director need to do when considering the appointment? How will a court later deal with issues of

What should a receiver or liquidator look for when investigating the actions of a director whose appointment of administrators ultimately nets for him or her the company’s valuable assets? And what does that director need to do when considering the appointment? How will a court later deal with issues of