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If your company becomes subject to a corporate investigation, it’s understandable that you may feel considerable stress. After all, the outcome of the investigation could profoundly affect your company's reputation or future, so as soon as an investigation is opened, you should draw upon appropriate legal expertise.

In this article, we will look more closely at corporate fraud and how you should react if your business is suspected of committing it.

Corporate fraud in a nutshell 

Director disqualification is a harsh reality for anyone to face, not only will you have been through the ignominy of your company failing, followed by lengthy investigation by the Insolvency Service, and then likely formal proceedings by the Secretary of State, you then find yourself disqualified for a lengthy period of time, which consequentially curtails your ability to work. This could bring you to an all-time low. However, there is light at the end of the particularly bleak looking tunnel, which is what we at Pinder Reaux have recently achieved for our clients.  

 

For any business, pursuing a court case can be, very unpleasant, however necessary as a matter of principle. It can, for example, a drain on the company's financial resources, a drain on the management time of its directors and senior personnel, and it can also be damaging to its reputation. But it’s worth educating yourself on exactly how you should conduct matters if your business does find itself involved in litigation.

 

The financial obstacles of pursuing a court case

New proposals  to enhance the transparency of commercial dealings and accountability will see the Government actively ‘hunting’ directors accused of mis-conduct, under the Company Directors Disqualification Act 1986 (‘CDDA’) and leave them potentially facing harsher penalties.  

If we have heard it once then we have heard it 1000 times: we cannot recover our money because the directors of the company have placed it into liquidation. In this day and age this is a regular occurrence and can place creditor companies under extreme pressure, simply because money that they were relying on will now never arrive therefore squeezing their cash flow.

Divorcing husbands with businesses beware; Supreme Court orders Oil baron husband to give wife substantial share of his business assets in his divorce settlement!

This week, the Supreme Court overruled the recent Court of Appeal’s decision that dis-allowed a wife to obtain a significant portion of a husband’s company (Petrodel Resources Ltd & Ors v Prest & Ors). What was an amazing outcome for husbands going through a divorce, has now been back tracked.

There has been a lot in the news recently about a so called ‘cheat’s charter’ that allows the wealthier party in a divorce case to ‘hide’ money and assets out of reach of the spouse that is claiming a stake on the business that he or she has never worked in or taken an interest in, or in the money that you have worked hard to save for and invest.

When a person is unable to pursue a claim against someone who has been made bankrupt on account of the bankruptcy having been discharged, it may still be possible to pursue the claim against the bankrupt’s insurers, following a recent ruling.

Rogue debt collectors face tough new rules in a Government bid to improve consumer protection in this contentious area. This is because of changes to the Consumer Credit Act 2006 (CCA) which have recently come into effect.

Chief among the new powers given to the Office of Fair Trading (OFT) is the ability to fine debt collectors up to £50,000 for infractions and to impose limitations on the licences under which they operate.

A recent case raised the question of whether an association could consist of a single person. Whilst the question might not seem to be of tremendous interest per se, it was in the case in point because the association had assets of more than £1¾ million.

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