RE: Advance Payment Guarantees Pulled3 Jul 2024 11:02
PFCDirectors should be familiar with the dangers under the Insolvency Act 1986 (“IA 1986”) of trading whilst a company is insolvent. In the case of trading whilst insolvent, there are a number of offences that can be committed resulting in personal liability for the director, the two most well-known being wrongful and fraudulent trading..........PFC by its own admission has NOT been able to meet its contractual obligations to provide performance guarantees in support of certain of the EPC contracts awarded in 2023, and consequently there is a risk that one or more of these contracts could be terminated. In particular, the Group has received a notice of default from a key customer requiring a performance guarantee to be posted by 16 June 2024. Failure to do so would entitle the customer to terminate the contract, which could have a detrimental impact on the liquidity of the Group and the Group’s ability to proceed with the Financial Restructure. The Group has made arrangements to provide the performance guarantee, but requires bank lender consent for the posting of the required cash collateral. Discussions are ongoing but this consent has not yet been provided.
SFO beckons methinks