Month: June 2019

Misfeasance Claims And The Consequences Explained

When a company has been declared insolvent and liquidated,an investigation will be made into the what happened in the business leading up to the insolvency. Creditors will then get partial payment from the liquidated company – normally by a solicitor (liquidator or administrator) who has been employed to resolve the affairs of the company.

If you like this article then please do visit = -

However,if the investigation indicates that the directors of the company acted or failed to act in a way that were not in the best interests of paying creditors,they can be held liable personally for the remaining amounts that should have been paid to creditors. These are referred to as misfeasance claims. There are a number of different actions that are considered to fall under the definition of misfeasance.

What Does Constitutes Misfeasance?

Any deed that is in contravention of a director’s fiduciary duty to care for the company,its clients,creditors and the public in general can be considered to be misfeasance. An example is the misappropriation or misapplication of the funds,assets or property of the company that resulted in insolvency or the inability to meet financial obligations to creditors. The following misapplication of funds can be considered to be misfeasance:

– Preferential payment where one creditor has got their money or has been promised full payment instead to other creditors.

– Selling assets at less than their real value.

– Hiding assets or removing assets from the company with the intent to prevent them being used to pay creditors.

– Drawing more salary than they should regardless of the failing financial state of the company.

– If the director has been found to have declared or paid illegal or incorrect dividends.

The breach of duties that are given to a director by the Companies Act 2006,can result in a misfeasance claim by one or more parties.

What Are Misfeasance Claims?

Anyone owed money that can prove that a director was in breach of his fiduciary duties which results in the non-payment or partial payment of the company debt,can claim for misfeasance. The appointed liquidator or administrator will usually check the insolvency as well as the actions of the directors after insolvency for misfeasance. If misfeasance has been found,a monetary claim in the amount of misfeasance,asset or part compensation (plus interest) can be sought against a director in their personal capacity. If the claim is upheld,the funds will be paid back to the company from which creditors will be paid.

Possible Defences Against Misfeasance?

There are a number of defence options that a director can take to protect themselves against a misfeasance claim. One common defence is the Duomatic Principle where a director cannot be held liable as long as they can prove he acted in accordance with a vote by shareholders which make his actions that of the company and liability for the actions the responsibility of the company. A statutory defence can also be made where it can be shown that the director was acting in the best interests of the company at the time.

It is vital for directors to understand what are misfeasance claims in order to avoid acting in any way that does not meet their fiduciary duty and get legal assistance before acting in a manner that could constitute misfeasance.

How Is Debt Consolidation For Self-Employed Different?

Is every month like a constant struggle with bills payment piling up? Do you feel like not opening the bills? Are you thinking of ways to avoid it? If answer to any of these questions is ‘yes’ – then you are certainly heading for debt consolidation.

Debt consolidation offers great support to self employed while budgeting and making financial decisions. An individual who operates a business,or a profession as a proprietor,consultant,independent contractor,freelancers or someone in changeable employment – then you are a self employed.

Debt consolidation for self employed was traditionally considered expensive and difficult to obtain. With more than 15% of UK being self employed the perspective has changed. Self employed are a very financially viable class. The cases of self employed debt consolidation have become considerably high.

Does debt consolidation for self employed makes sense?

Certainly! A debt consolidation for self employed is similar to any usual debt consolidation. It consolidates the smaller loans into a single loan. Debt consolidation for self employed you can fuse unsecured loans,utility bills,medical bills,or any other outstanding bills into a single debt consolidation loan. This debt consolidation loans has lesser interest rate and one single monthly payment for all the loans. So instead of paying separately on every loan,you save money by paying on this low interestdebt consolidation loan. The monthly payments are usually lower thereby making it possible for self employed to meet their obligation each month.

-

Debt consolidation for self employed is usually of two kinds – secured or unsecured debt consolidation. Unsecured debt consolidation will serve well for those self employed who can offer no security for their loan amount. Unsecured debt consolidation will have higher interest rates than its secured sibling.

Secured debt consolidation requires security (home,car,real estate etc). With home equity debt consolidation,the security is in the form of home. This brings better rates,lower monthly payments,convenient terms,and approval for bigger amounts. With secured debt consolidation,a self employed must be aware that he can affect the loss of his property in case of non repayment. Though that is the last resort.

Self employed can use Debt consolidation for the purpose of recovering credit. When you make payments on time,it reflects in your credit. Since monthly payments are lower with self employed debt consolidation,you are less likely to miss your payment and therefore improve your credit.

How is debt consolidation for self employed different?

Debt consolidation for self employed differs with respect to documentation. A lender looks for steady income as proof of the return of loan. Self employed usually does not have any pay checks to offer and no regular income. And also no third party to verify income. A self employed in order to avoid taxation usually do not declare their complete income. Therefore,self employed debt consolidation depends upon income tax returns. Self employed should be ready to produce income tax returns for two years.

-

There are lenders who offer debt consolidation to self employed with limited documentation or no documentation. However,this is true to some extent but “no” or “reduced” documentation debt consolidation will be compensated by comparatively higher interest rates.

Is there a threat to debt consolidation for self employed?

The threat is usually in the form of the self employed revisiting old borrowing ways. Getting off debt can stimulate a spendthrift indulgence in a self employed. This can neutralize the whole purpose of debt consolidation. A self employed looking for debt consolidation should understand that debt consolidation is trying to address something – your money spending habits. If one can’t take heed of this reality then they are only leading themselves to further debt condition. A self employed must see to it that no further financial risk are undertaken after debt consolidation.

-

Debt consolidation for self employed considerably reduces the monthly outgoings. This leaves self employed with free money and scope for improvement of lifestyle. This provides further boost to economic condition. More available income means either more savings for investment in industry and people in jobs. Debt consolidation for self employed is not an innovation in the loan market. However,it can offer innovative answers for your personal debt condition.