RE: DISASTER - Sunday Times 5 July - How did we all manage to miss it?18 Jul 2025 13:33
For benefit of all (particularly ned) - obtain by googling ' Is limited company A protected if limited company B (same owner) has been found cooking the books & is bankrupt' or by clicking link
"Generally, a limited company (Company A) is protected from the liabilities of another limited company (Company B), even if they share the same owner, due to the principle of separate legal entity. However, if the owner of both companies is found to have engaged in fraudulent or wrongful trading, or has provided a personal guarantee for Company B's debts, then their personal assets could be at risk, and Company A's protection could be compromised.
Limited Liability:
A key benefit of a limited company structure is limited liability. This means the company is a separate legal entity from its owners, and the owners are generally not personally liable for the company's debts.
Separate Legal Entity:
Each limited company, regardless of shared ownership, is considered a distinct legal entity. Therefore, the debts and liabilities of Company B, even if it's bankrupt and its owner is found to have engaged in wrongdoing, do not automatically transfer to Company A.
Exceptions to Limited Liability:
While limited liability provides a strong shield, it's not absolute. There are exceptions where directors can be held personally liable for company debts:
Personal Guarantees: If the owner of both companies signed a personal guarantee for Company B's debts, they would be personally liable for those debts regardless of the limited liability protection.
Wrongful Trading: If the owner continued trading Company B even when it was clearly insolvent and knew it was unlikely to pay its debts, they could be held liable for wrongful trading.
Fraudulent Trading: If the owner engaged in fraudulent activities to deliberately avoid paying creditors, they could be held liable for fraudulent trading, which can have severe consequences, including imprisonment.
Misconduct: Other forms of misconduct, such as preferential payments to certain creditors or illegal dividends, could also lead to personal liability.
Impact on Company A:
If the owner of Company A is found to have engaged in wrongful or fraudulent trading, or has signed personal guarantees for Company B, then Company A's assets could be at risk. Additionally, if the owner faces bankruptcy due to Company B's failure, it could impact their ability to manage and operate Company A.
In summary, while limited liability offers protection, it's not a foolproof defense against the consequences of fraudulent or wrongful trading, or personal guarantees. The specific circumstances of each case will determine the extent of liability and the impact on both the owner and the other limited company.
https://www.google.com/search?q=is+limited+company+A+protected+if+limited+company+B+(same+owner)+been+found+cooking+the+books+and+is+bankrupt%3F&rlz=1C1CHBD_en-GBGB882GB882&oq=is+limited+company+A+protected+if+limited+company+B+(sa