Fraudulent trading, Business Law and Ethics

Assignment Help:

Fraudulent Trading:

Under s.323, if the court finds that the business of a company in liquidation has been carried on with intent to defraud creditors or for any fraudulent purpose it may declare that any persons who were knowingly parties to carrying on the business in this fashion shall be liable for debts of the company as the court may decide.

It has been said that "if a company continues to carry on business and to incur debts at a time when there is to the knowledge of the directors no reasonable prospect of the creditors receiving payment of those debts, it is, in general, a proper inference that the company is carrying on business with intent to "defraud" (per Maugham J. in William C Leitch Bros (No 1)(1932).  But in another case the same judge said that there must be evidence of "real dishonesty".


Related Discussions:- Fraudulent trading

Gist of lord buckleys statement, Gist of Lord Buckleys statement: The ...

Gist of Lord Buckleys statement: The gist of Lord Buckley's statement, above, may be summarised as follows: The judges will not regard a transaction undertaken by a company as

Assets in the possession of creditors, ASSETS IN THE POSSESSION OF CREDITOR...

ASSETS IN THE POSSESSION OF CREDITORS:  If the creditor has seized assets in the course of executing a judgement for debt against the company and at the commencement of the wi

Intellectual property right, Read the newspaper report from  The Internatio...

Read the newspaper report from  The International Herald Tribune, starting on page  2 of this assignment, and answer the following questions:  1. What is the general notion behi

Global competitiveness of firms, Question 1 Briefly explain: (i) Des...

Question 1 Briefly explain: (i) Describe Business ethics. (ii) Illustrate caveat emptor. (iii) Define corporate governance. (iv) What is whistle blowing? (v) D

How would you ensure that the code is effective, QUESTION 1 You are giv...

QUESTION 1 You are given the task to make a Code of Ethics for your organization (a) Describe a Code of Ethics (b) What are the different aspects/issues that you might in

Acceptance - law of contract, Acceptance - Law of Contract Converse...

Acceptance - Law of Contract Conversely an offer made to the general public can be established through anybody who fulfil that performs then the conditions stated therein.

Law of negligence not every error is negligence, Every person is having dif...

Every person is having different set of knowledge and skill with them which is different from other individual, this difference in skill and knowledge factor among various individu

Appointment of directors, Appointment of Directors: In the absence of ...

Appointment of Directors: In the absence of other provisions in a company's articles, the directors of the company would be appointed in accordance with the following provisio

AUDITING, EXPLAIN THE KNGSTON COTTON MILL CASE

EXPLAIN THE KNGSTON COTTON MILL CASE

Service excellence in business, Mr Zamora was apparently worried.  Not ever...

Mr Zamora was apparently worried.  Not everything was going his way.  It was already 6.00 p.m. and his car had broken down.  He had to travel to the Mexico City airport to leave fo

Write Your Message!

Captcha
Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd