So Ben Tuckey has finally ended his appointment as Director of TMZF Ltd.
However, a director of a company may in certain circumstances be made liable for the debts of the company of which he is a director. This might result in the director being personally required to pay some or all of the company's creditors. Directors can be found guilty of wrongful trading if he or she carries on business when the director knows that it will not be possible for the company to avoid an insolvent liquidation. It is a defence for a director if he can demonstrate that when he became aware of the likelihood of an insolvent liquidation he took all possible steps to minimise the loss to creditors. However, resigning as a director does not necessarily absolve the director from responsibility.
In order to minimise the risk of being accused of wrongful trading, a director should make sure that: potential problems relating to the solvency of the company have been discussed with the other directors; an accurate record of any discussions has been kept; the company has adequate up to date financial information. If a director finds himself a director of a company that has become insolvent he should take immediate professional advice. Under Insolvency Legislation, disqualification orders can be made against company directors. The responsible insolvency practitioner is required to report to the Department of Trade and Industry on the conduct of all company directors involved in an insolvent liquidation.
Any advice from lawyers that wish to help me enforce the judgement made in my favour against TMZF Ltd of which both Mike Baghdady and Ben Tuckey were directors, please get in touch.