Guidance

Director information hub: Director duties upon insolvency

Directors have specific duties if their company becomes insolvent. These still apply if it is trading or if trading has stopped.

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Duties upon insolvency

A company is insolvent when it can’t pay its debts. Either by being unable to pay bills when they become due, or through having debts that are larger than the value of its assets.

If you are a director and your company has become insolvent, you still have duties and responsibilities. These include minimising the amount of money owed by the company that wont be repaid.

Responsibilities for directors of insolvent companies

What are those responsibilities?

If your company becomes insolvent director’s priorities shift from the shareholders to the company creditors.

You must:

Company debts

Directors are not normally personally responsible for company debts.

But if the director has been responsible for the company being mismanaged, there are situations where they can become personally liable.

These include but are not limited to:

If a director is uncertain about any actions they are considering taking on behalf of a company they should seek professional advice.

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Published 5 October 2023