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1.Fran and Gram registered a private limited company, Ire Ltd, in January 2009, with each of them becoming a director of the company.
Although the company did manage to make a small profit in its first year of trading, it was never a great success and in its second year of trading it made a loss of £10,000.
At that time Fran said he thought the company should cease trading and be liquidated. Gram, however, was insistent that the company would be profitable in the long term so they agreed to carry on the business, with Fran taking less of a part in the day-to-day management of the company, although retaining his position as a company director.
In the course of the next three years Gram falsified Ire Ltd's accounts to disguise the fact that the company had continued to suffer losses, until it became obvious that he could no longer hide the company's debts and that it would have to go into insolvent liquidation, with debts of £100,000.
Required
(a) State whether criminal or civil action, or both, can be taken in relation to fraudulent trading and wrongful trading
(b) Explain whether Fran or Gram will be liable for either of the following:
(i) Fraudulent trading under s213 Insolvency Act 1986
(ii) Wrongful trading under s214 Insolvency Act 1986
答案：(a) Criminal liability is only applicable to fraudulent trading under the Companies Act 2006. However, civil action is open under ss213 and 214 Insolvency Act 1986 in relation to both fraudulent and wrongful trading.
(b) As a consequence of his falsification of the accounts, Gram is potentially liable under s213 Insolvency Act 1986 fraudulent trading provisions.
Fran, on the other hand, may not have been liable for fraud but is certainly liable for wrongful trading for not taking the appropriate action to prevent the subsequent losses sustained by the company.
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