RE: RNS out12 Mar 2020 10:00
While company status offers valuable protection to a director, there are certain situations where limited liability can be disregarded, leaving the director responsible for paying the company’s debts.
These include:
Overdrawn director’s loan accounts
Signing a personal guarantee
Debts have accumulated due to fraudulent means (such as taking on credit you knew you wouldn’t be able to repay)
Director misconduct
Continuing to pay shareholders dividends whilst the company is insolvent
Withdrawing and/or using company funds for non-business activity; this is an offence known as misfeasance
Disposing of the company's assets at undervalue or no value
I know this is unlikely, but Shetty and Buttis did provide personal guarantees, conduct misfeasance and fraud... I'm sure NMC will be working their hardest with legal advisors to try to offload this liability... I don't have much hope they will be successful however.