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Given that the insolvency practitioners’ main duty is to work in the interests of the creditors, you should take care when seeking insolvency advice for your business if there are personal areas that need addressing first.Perhaps you’re considering selling off your C corporation’s assets and liquidating the firm.Keep a clear audit trail of expenses and monies that you are owed from the company.To be absolutely clear, the insolvency practitioner/liquidator is just doing their job.This advice should help you think twice before you send the tiger the invite when seeking liquidation advice.Even with the best intentions and wanting to help your business, the insolvency practitioner must comply with their regulations, so do not expect sympathy or personal protection as they will not risk their licence, even if they may want to.In practical terms though, in my experience, the due care element can often be forgotten in the heat of a liquidation.
However, beware of making that initial call too early because not everything is always as it seems; keep the phrase caveat emptor (buyers beware) in the back of your mind.With 2,500 qualified insolvency practitioners, it is an industry involving many within the accounting and legal professions.The insolvency practitioner will have many conflicting roles to address, however, in this instance their main duty is to work in the interests of the creditors during periods of business insolvency.The liquidation engagement paperwork itself will tell you to seek your own legal advice when it comes to potential personal liabilities falling out of company liquidation. I am not in any way being critical of insolvency practitioners as they are merely doing the job that they are assigned to do.We work with some of the best insolvency practitioners in the UK every day of the week and in their defence they will argue that where a personal guarantee is in place, for example, as a liquidator they must act with due care.
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The first port of call of course is usually the company accountant. Even if you have done nothing wrong, should you beware?