RE: SP11 May 2021 22:02
Aduk you still don’t get it:
“ in fact, although I'm not a lawyer, I'm not aware of any precedent for a company going before a court before pleading that they may become bankrupt in 15 months' time., but that the BoD may continue drawing salary in the meantime.”
That’s because you don’t understand the rules, and you really don’t want to...going concern is a look into the “foreseeable future” to see if the company is solvent... doesn’t really matter what the BoD think, the auditor has final say. At that point you need to negotiate with your lenders...if they won’t play ball you require a controlled wind down , if they will you go to court to get approval for the arrangement...shareholders have no say because the alternative is a wind down with, in this case no return to shareholders. You may want to go down with the ship as a matter of principle, fighting until the end, in a futile bit of gesture politics, however the courts won’t let you do that for the sake of the rest of the shareholders who unfortunately hit caught up in the mother of all clusterfks.
. Directors of listed companies incorporated in the UK are required by Listing Rule 9.8.6R (3) to include in their annual financial report a statement that the business is a going concern, together with supporting assurances or qualifications as necessary, that has been prepared in accordance with this Guidance.
The auditor is required to make its own assessment of the directors’ conclusion on going concern. If the auditor concludes that a material uncertainty exists related to events or conditions that, individually or collectively, may cast significant doubt on the entity’s ability to continue as a going concern, it is required to modify the auditor’s report.