I am the director of a company. Am I liable if an employee dies as a result of an accident of work?
Directors cannot rely upon limited liability to avoid the risk of being prosecuted as an individual if a death occurs in the workplace following breaches of health and safety. Penalties upon conviction can range from an unlimited fine to life imprisonment depending upon the circumstances. Seek legal advice immediately.
Do I need a solicitor to attend with me for a meeting with HSE?
You are entitled to nominate someone to attend the meeting with you and that can include a solicitor but HSE do not have to agree. If you are being interviewed under caution and in accordance with the Police and Criminal Evidence Act you can insist on having a solicitor with you
I have been asked to attend a meeting with the Health and Safety Executive. Should I attend?
You are obliged by law to cooperate with HSE inspectors during an investigation, including providing any information they may reasonably require and attending any necessary meetings.
I have been asked to attend for an interview with HMRC. Do I need a solicitor?
If the interview is to be conducted under caution and in accordance with the Police and Criminal Evidence Act the answer is yes. This type of interview can only take place if you are suspected of criminal conduct and could result in a prosecution.
Can I close one company and start a new company with the same name?
There are certain restrictions on trading under a similar name and, therefore, you should always take legal advice before setting up a new company or trading.
What is the cheapest way to put my business into liquidation?
There are different ways in which to place a company into an insolvency process and the cost will depend on a number of issues
What happens to my staff if my business goes into liquidation or administration?
If a company goes into liquidation, it is likely that the business will be closed and any employees will be made redundant. If a company goes into administration, the administrator may ask some employees to continue to work although, in most circumstances, there will be redundancies. If an employee is owed wages, they may be able to make a claim via the insolvency practitioner appointed or through the Redundancy Payments Office.
How do I know if my business is insolvent?
If the company is unable to pay its debts as and when they fall due, the directors should seek professional advice from a solicitor or an accountant as to the options available. In some cases, if advice is sought immediately, the business can be saved.
How do I know if I am insolvent, what should I do next?
If you believe that you may be unable to pay your debts as and when they fall due, you should seek professional advice from your solicitor or accountant as to the options available to you.
What is administration?
Administration is a formal insolvency procedure whereby an administrator is appointed by either the court, the directors of the company or a floating charge holder. The purpose of the administration is to either attempt a reorganisation of the business or to take steps to sell the company’s assets under the protection of a moratorium. Creditors cannot take steps against the company whilst it is in administration but they may be able to recover goods under a retention of title clause.