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Directors: Here’s How to Avoid Being Sued for Company Debts

Directors: Here’s How to Avoid Being Sued for Company Debts

Company / Corporate / Compliance

“To be prepared is half the victory.” (Miguel de Cervantes, author of Don Quixote) Perhaps you’re a director losing sleep over the risk of losing everything if creditors sue you personally for your company’s debts because you’re asset-rich, and they can’t squeeze...
Now Creditors Can Apply for Directors to be Declared Delinquent – Why is That Important?

Now Creditors Can Apply for Directors to be Declared Delinquent – Why is That Important?

Company / Corporate / Compliance, Debt Recovery

“He who is quick to borrow is slow to pay” (Old proverb) A recent High Court decision means that, for the first time, creditors of debtor companies are specifically cleared to apply for the company’s directors to be declared “delinquent” in certain circumstances. And...
Why You Need a Shareholders’ Agreement, and How to Structure It

Why You Need a Shareholders’ Agreement, and How to Structure It

Company / Corporate / Compliance

Whether you are forming a new company or buying shares in an existing one, a formal shareholders’ agreement, tailored to suit your particular situation and needs, is essential. What is a shareholders’ agreement? It’s a contract between shareholders outlining the...
Directors – When Are They Personally Liable?

Directors – When Are They Personally Liable?

Company / Corporate / Compliance, Debt Recovery, Uncategorized

“… for the benefit of immunity from liability for its debts, those running the corporation may not use its formal identity to incur obligations recklessly, grossly negligently or fraudulently. If they do, they risk being made personally liable.” (Quoted in the...
Directors at War: Terminating Email Access

Directors at War: Terminating Email Access

Business, Company / Corporate / Compliance

“All is fair in love and war…and business is war.” (Jasmine Kundra) When company directors are locked in dispute, one of them may be tempted to cut off the other’s access to emails and to the business server – a tactic likely to have immediate and serious...
Directors, Creditors – Do Personal Suretyships Survive Business Rescue?

Directors, Creditors – Do Personal Suretyships Survive Business Rescue?

Company / Corporate / Compliance, Insolvency / Liquidation, Litigation

“Creditors have better memories than debtors” (Benjamin Franklin) In these hard times of pandemic and economically destructive unrest, an unfortunate number of businesses face collapse, and many will opt for the “first aid for companies” option of business...
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