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Directors’ duties prior to insolvency: the creditor duty

15 December 2022

The general rule of thumb is that directors owe their duties to act in the interests of the company and its members as a whole or, where the company has a purpose other than the benefit of its members, the duty is to act in a way to pursue that purpose. The latter will apply to social enterprises and charitable companies and many schools. This can cause difficulty and uncertainty when the company is in financial difficulty. 

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