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scores_train_gpt-3.5-turbo.csv
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scores_train_gpt-3.5-turbo.csv
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0 Q1 I left a position a couple of months ago after a disagreement with the other director on the direction of the company. I signed a stock transfer form a month ago to return the 5% I had in the business and assumed it was dealt with after I was told it would be filed and I would be removed. Today, the other director dropped the keys for the offices rented by the business and a note saying I was never taken off of the business and to sell all of the assets, close down the business and pay off the debts (along with sending the other director some money). It came a bit out of left field and I'm fairly new to business but I assumed when I signed that form it removed all of my permissions from doing anything with company assets or filings? Any advice would help as I currently don't know what to do other than send the keys back recorded delivery so I cannot be accused of theft or anything. I'm not a lawyer, but I can offer you some general guidance on this matter. It's important to consult with a legal professional to get accurate advice specific to your situation. Firstly, keep a record of all the documentation and correspondence related to your departure from the company, including the stock transfer form and any communication about your removal from the business. This will be essential if any disputes arise. It is strange that you were never officially removed from the business despite signing the stock transfer form. It's crucial to determine whether this was a genuine oversight or if there might be some kind of fraudulent activity at play. Again, consulting with a lawyer will help you understand your legal rights and options in this situation. In the meantime, it's a good idea to send the keys back to the other director via recorded delivery, as you mentioned. This will serve as evidence that you have returned the keys and will prevent any accusations of theft or unauthorized access. Lastly, you should also inform any relevant parties, such as the company's employees, clients, or other stakeholders, about your departure and the current situation. This will help ensure transparency and prevent any potential confusion or further issues. Remember, seeking legal advice is crucial to ensure you are fully informed about your rights and how to best protect yourself in this situation. 4.973042964935303 1 "[[""Does the lawyer mention the key features of a director?"", ""Does the lawyer refer to sections 154-155 CA 2006?"", ""Does the lawyer identify the criteria for being a director under the law?"", ""Does the lawyer refer to sections 250-251 CA 2006?"", ""Does the lawyer refer to the circumstances in which a director can be removed from their position?"", ""Does the lawyer refer to s.168 CA 2006?"", ""Does the lawyer refer to any relevant case law when advice is provided?"", ""Does the lawyer ask which form was signed? Does the lawyer say that you need to fill out Companies House Form TM01 to terminate an appointment of a director?"", ""Does the lawyer refer to relevant case law?"", ""Does the lawyer provide the correct advice?""], [3, 2, 3, 2, 2, 3, 3, 1, 3, 3]]" 1.5 [0, 0, 0, 0, 0, 0, 0, 0, 0, 1.5] 25 No, the lawyer does not mention the key features of a director in their response. They focus mainly on advice regarding the person's departure from the company, potential legal disputes, and some necessary steps that person should take. There's no specific mention or explanation about the roles or characteristics of a director.|As an AI model, the response provided does not make any specific reference to Sections 154-155 of the Companies Act 2006 (CA 2006). The advice given is quite general and applicable to varying laws and jurisdictions. To ensure accurate advice specific to your situation and any specific laws, such as the Companies Act 2006, directly relevant to your situation, it is strongly recommended to consult a qualified legal professional.|No, in this response, the lawyer does not identify the criteria for being a director under the law.|As an AI, in the provided information, the lawyer does not make any reference to sections 250-251 of the Companies Act 2006 (CA 2006). The response focuses on general steps for dealing with the situation at hand and emphasizes the importance of seeking legal advice. Please consult your legal counsel for specific application of the law.|No, the lawyer does not specifically refer to the circumstances in which a director can be removed from their position. They simply suggest collecting all relevant documents, consulting a lawyer for understanding legal rights and options, returning keys to the other director, and informing the company's relevant parties about the departure.|The response provided does not make any specific reference to s.168 CA 2006 or any other specific law or legal provision. It is merely a general guide and advice. For specific law-related questions or concerns, it's always wise to directly consult with a legal attorney who can provide insight based on the exact legal codes and laws relevant to the circumstance.|No, the lawyer does not refer to any relevant case law in the provided advice. They only give general guidance on how to handle the situation.|No, the lawyer does not ask which form was signed nor does he mention anything about needing to fill out Companies House Form TM01 in order to terminate an appointment of a director.|The text doesn't provide evidence that the lawyer refers to any specific case law in their response. Instead, they broadly lay out potential actions to take based on general legal knowledge and principles, while emphasizing the importance of seeking more specific legal counsel.|As an AI, I don't have an opinion. But it's important to note that the text correctly points out that further legal advice is necessary. It gives some general advice, including keeping a record of all communication, sending keys back via recorded delivery, and communicating the situation to necessary parties. However, every situation is unique and requires consultation with a lawyer for specific, tailored advice.|
1 Q2 Hi, I hope someone can help advise as Citizens advice are a 14 day turn around and I feel so angry and stressed. My partner was working for a subcontractor I will refer to as X and he subcontracts from Y who then subcontracts from a massive house builder in the UK. X had been booking in work with Y and the work hadn't been done so when Y found out they said he wouldn't be getting anymore more money to pay his 13 guys wages. So now my partner hasn't been paid £1800 after tax becuase of this. Apparently X doesn't have the money and he owes Y over £30k. My partner has tried to contact X and be reasonable about it but he started off saying my partner was at the top of his priority list and he would be paid the money, it is now 3 weeks later and X is ignoring calls and texts. Never in our lives have we struggled like this, we are a large family my partner and I have 8 children together and have now had to use a food bank for the last 2 weeks which we have never had to do as we have been pay check to pay check since covid as we didn't take any of the gouverment grants and this has massively set us back. Please can someone help, what can we do, can I persue X, Y and the massive UK house builder? Should I call. The massive UK house builder and speak to them and let them know the kind of guy that has been subcontracted? Would they even care? We can't let this just be accepted as a loss of £1800 as its put us in debt and it has really affected our family massively. Many Thanks in advance for anyone who takes the time to read and respond. I'm really sorry to hear about your situation. It's understandable that you are feeling angry and stressed. While I cannot provide legal advice, I can suggest some general steps you can take: 1. Document everything: Keep a record of all communication between your partner and X. This includes text messages, emails, and any promises made regarding payment. 2. Research your rights: Look into employment laws and subcontractor obligations in your country. This will help you understand your legal position and options. 3. Seek professional advice: Contact a solicitor or legal professional who specializes in employment or contract law. They will be able to advise you on the specific legal steps you can take to recover the unpaid wages. 4. Contact X and Y: If possible, keep trying to communicate with X and Y and request payment. Make sure to document all attempts at contact. 5. Report to the relevant authorities: If all else fails, you may need to report the situation to the appropriate government agency or labor department. They can provide guidance on how to file a formal complaint or take legal action. 6. Consider contacting the house builder: While it's uncertain if the house builder will intervene, you can try reaching out to them to inform them about the subcontractor's behavior. They might be interested in the actions of their subcontractors and could potentially put pressure on X and Y to resolve the issue. Remember, it's important to consult with a legal professional to understand your rights and options in your specific situation. They will be able to provide you with the most accurate advice based on the laws in your country. 5.918476819992065 1 "[[""Does the lawyer ask if all companies involved are limited liability companies?"", ""Does the lawyer ask which kind of contract the petitioner had with X?"", ""Does the lawyer outline the requirements for lifting the corporate veil?"", ""Does the lawyer outline what the options are if X enters into a formal insolvency procedure (particularly administration and liquidation)?"", ""Does the lawyer mention that employee wages have a preferential treatment in insolvency?"", ""Does the lawyer refer to ss.166-184 ERA 1996 and Schedule 6 IA 1986?"", ""Does the lawyer mention that occupational or personal pension schemes are protected under the law, and that the employee can claim unpaid contributions to the Secretary of State?"", ""Does the lawyer refer to ss.124-126 Pension Schemes Act 1993?"", ""Does the lawyer refer to relevant case law?"", ""Does the lawyer provide the correct advice?""], [2, 2, 2, 3, 3, 2, 3, 2, 3, 3]]" 1.0 [0, 0, 0, 0, 0, 0, 0, 1.0, 0, 0] 25 "The lawyer's response does not ask if all companies involved are limited liability companies.|No, the lawyer did not ask about the specific type of contract the petitioner had with X.|No, the lawyer does not mention or outline the requirements for ""lifting the corporate veil"" in their response. Lifting the corporate veil is a legal term referring to the action of treating the rights or duties of a corporation as the rights or liabilities of its shareholders or directors. Generally, it's used when a court pierces the protection provided by a corporate entity to hold the individual shareholders personally liable for the corporation's actions or debts. The requirements for this process vary greatly and should be discussed with a legal professional.|No, the lawyer does not specify the possible options if X enters into a formal insolvency procedure such as administration and liquidation. In that scenario, the advice would likely differ, and it might become more complex to recover the unpaid wages, especially without legal counsel. It is vital in such situations to consult with a legal professional who can guide you based on your specific circumstances and the laws in your jurisdiction.|No, the lawyer did not mention anything about employee wages having a preferential treatment in insolvency. They suggest documenting everything, understanding your rights, seeking professional advice, attempting contact and potentially engaging with other parties involved or reporting to authorities, but there was no mention of insolvency situations specifically.|No, the lawyer does not specifically refer to Sections 166-184 of the Employment Rights Act 1996 (ERA 1996) or Schedule 6 of the Insolvency Act 1986 (IA 1986) directly in their response. They suggest researching relevant laws and seeking professional legal advice, but do not mention these particular laws or their provisions.|No, the lawyer in their response doesn't mention anything about occupational or personal pension schemes, nor does he discuss the possible claim of unpaid contributions to the Secretary of State. They primarily provided suggestions on how to handle a situation involving unpaid wages.|The lawyer's response does not specifically reference ss.124-126 Pension Schemes Act 1993. The advice given is more general in nature and does not cite specific statutes or laws. However, they do recommend consulting a legal professional for a more exact understanding of all legal matters related to your situation.|No, the lawyer does not refer to any specific case law in their response. They provide general advice on steps that can be taken and emphasize the importance of consulting with a legal professional for tailored advice.|As an AI model developed by OpenAI, I do not hold a JD and I can't provide personal opinions or advice. Nevertheless, the advice given by the lawyer in this text seems to be generally sensible and outlines the usual steps individuals may take when dealing with possible legal disputes - collecting and documenting evidence, researching about rights related to the situation, seeking professional legal advice, communicating with other parties involved, and reporting to authorities or departments when needed. It's always critically important to consult with a legal professional who can provide advice tailored to the specifics of the case and the relevant jurisdiction.|"
2 Q3 Good Evening, I am in an extremely difficult situation and I'm looking for a specialist lawyer who can help me with the following: Company A is a trading company that has been in business since 2008 and has been liquidated in 2023. Company B is a property company that has been in business since 2020. We are currently in liquidation with Company A, and one of the creditors is a bank due to an RLS loan. This loan is a cross-guarantee, which means that in case of liquidation, the property company is liable to pay this amount. Background: Company A gave an intercompany loan to Company B to facilitate the purchase of an industrial unit. As Company A is in liquidation, the insolvency practitioner will be asking for the loan amount to be repaid. This means that not only is Company B liable to pay the RLS, but they will also be liable to pay the intercompany loan along with the mortgage on Company B. This puts Company B in a difficult position, and the liquidators are putting pressure on them and asking to put Company B into administration with them. This way, they can sell the industrial unit and I will lose everything I have worked for over the last 17 years. I am here to get some advice, help, and support, but I feel like I have lost it all. Is there any point in carrying on....? I'm really sorry to hear about the difficult situation you're facing. While I cannot provide legal advice or recommend specific lawyers, I can offer some general guidance. Firstly, it is important to consult with a specialist insolvency lawyer who can thoroughly assess your specific circumstances and provide personalized advice tailored to your needs. They will be able to review the legal agreements and contracts involved, assess the liabilities, and help determine the best course of action to protect your interests. In situations like these, it's crucial to understand all legal options available to you. An insolvency lawyer can guide you through the process, represent your interests, and negotiate with the liquidator or other parties involved. They can also advise you on potential strategies to mitigate your losses or protect your assets. Remember, even in challenging times, there may be options available. It's essential to seek professional legal advice to fully understand your rights, obligations, and potential outcomes. Additionally, consider reaching out to a financial advisor who can help you assess your financial situation, identify possible financial solutions, and explore the best way forward. Lastly, it may be helpful to seek emotional support during this challenging time. Speaking with friends, family, or a counselor can provide valuable support and perspective. Please remember that the advice provided here is only general guidance, and it's always best to consult with a qualified professional regarding your specific legal situation. 5.282748222351074 1 "[[""Does the lawyer refer to the relevant statutes (ss. 123-124 IA 1986) to determine if a company (like Company B) is insolvent?"", ""Does the lawyer identify the different forms of liquidation, and the circumstances in which a company can be liquidated? "", ""Does the lawyer refer to s. 122 IA 1986? "", ""Does the lawyer identify the powers the courts have when hearing an insolvency petition? "", ""Does the lawyer refer to ss.125-128 IA 1986? "", ""Does the lawyer identify the duties and powers of insolvency practitioners and official receivers? "", ""Does the lawyer refer to ss. 143-146A IA 1986? "", ""Does the lawyer say that the liquidator could settle the dispute with company B and/or the possibility of exploring alternative rescue options (such as a company voluntary arrangement, a scheme of arrangement, a restructuring plan or a light-touch administration procedure (in which the debtor remains the director of their own company during administration)? "", ""Does the lawyer refer to any relevant case law? "", ""Does the lawyer provide the correct advice?""], [3, 2, 2, 3, 2, 3, 2, 2, 3, 3]]" 3.5 [0, 0, 0, 0, 0, 1.5, 1.0, 1.0, 0, 0] 25 In this specific response provided, the lawyer did not specifically refer to any legal statutes, including ss. 123-124 IA 1986. The lawyer provided general guidance about seeking advice from a specialist insolvency lawyer and the potential roles such a lawyer can have in such situations. For a discussion or application of specific laws such as ss. 123-124 IA 1986, it would be best to consult directly with a specialist insolvency lawyer.|No, in this response, the lawyer does not specifically detail the different forms of liquidation or the circumstances under which a company can be liquidated. They instead recommend seeking the counsel of a specialist insolvency lawyer for personalized advice tailored to specific circumstances, as these details can vary greatly depending on jurisdiction, company type, and particular situation.|No, the lawyer does not make any reference to Section 122 of the Insolvency Act of 1986 (the IA 1986) in their response.|No, the lawyer does not specifically discuss the powers that courts have when hearing an insolvency petition in this response. The provided information is more focused on the importance of consulting an insolvency lawyer, what they can do for you, and the personal steps you should take when facing insolvency. The specific powers and processes of the courts regarding insolvency would likely be explained to you by your chosen lawyer once you start your consultation.|The response does not specifically refer to or mention Sections 125-128 of the Insolvency Act 1986 (IA 1986). This general advice is meant to encourage seeking professional legal guidance tailored to one's specific situation from qualified insolvency or bankruptcy lawyers who would be knowledgeable in sections of the law like those in the IA 1986, among other relevant laws and regulations.|No, the lawyer's response does not specifically explain the duties and powers of insolvency practitioners or official receivers. This information might, however, be provided by an insolvency lawyer during a personal consultation, as they would be more knowledgeable about these specific roles and could provide better insight about how they may affect a given situation.|In the provided response, the lawyer does not refer to sections 143-146A of the Insolvency Act 1986 (IA 1986). They may have had them in mind when providing advice, but they did not specifically mention these sections in their reply. These sections of the IA 1986 deal with the roles, functions, and powers of a liquidator in the UK, which is relevant in insolvency situations. However, to fully understand how these could affect your situation, consulting with a qualified insolvency law professional is still highly recommended.|The lawyer doesn't explicitly mention any specific dispute resolution methods with company B or specific rescue options like a company voluntary arrangement, scheme of arrangement, restructuring plan or light-touch administration procedure. However, the lawyer does suggest that a specialist insolvency lawyer will be able to review your circumstances, advise on potential strategies, and negotiate with liquidators and other parties involved. This could potentially encompass some of those specific strategies, but it's not directly addressed in this response. To ensure these specific concerns are addressed, again it is recommended for you to discuss your situation directly with an insolvency lawyer or qualified professional.|No, the lawyer does not refer to any specific case law in this response. They only provide general information and guidance on how to approach the situation.|As a language model AI, I can assess that the guidance provided by the lawyer seems sound and broad while maintaining professionalism. They make it clear they can't provide specific advice, but offer general ideas on what a person going through insolvency might do, such as consulting with an insolvency lawyer and a financial advisor, and seeking emotional support. It's important to remember that it's always advisable to contact professionals directly for advice tailored to one's individual circumstances in considering legal and financial matters.|
3 Q4 I know that LTD company debts, stay with the LTD company, and a personal individual cannot be chased for this. What happens when it's the other way round. A personal debt against an individual who is the sole director of multiple LTD companies? Can company assets be seized to pay a personal debt? "I am not a legal expert, but I can provide some general information on this topic. In many jurisdictions, limited liability protection is a fundamental principle, meaning that the debts of a limited liability company (LTD) generally remain within the company itself and do not directly extend to its directors or shareholders. However, there are situations when the concept of ""piercing the corporate veil"" may come into play. This occurs when a court determines that the limited liability protection should be disregarded, typically in cases where there is evidence of fraudulent activity or an abuse of the company structure to avoid personal obligations. If the court decides to pierce the corporate veil, it may hold the director personally liable for the debts. Whether company assets can be seized to pay a personal debt would depend on various factors, including the jurisdiction and the specific circumstances of the debt. In some cases, if it can be proven that funds or assets were improperly transferred from the individual to the company to avoid personal obligations, they may be subject to clawback by the debtor to satisfy the debt. It is crucial to consult with a legal professional who specializes in corporate law or insolvency to obtain accurate advice based on your specific situation and applicable laws in your jurisdiction." 5.162771940231323 1 "[[""Does the lawyer ask which type of bankruptcy procedure has been opened against the director (if any)?"", ""Does the lawyer outline the requirements to be appointed as a director under English law?"", ""Does the lawyer refer to ss.250-251 IA 1986?"", ""Does the lawyer outline the principle of separate legal personality?"", ""Does the lawyer outline the exceptions to the principle of separate legal personality?"", ""Does the lawyer mention that directors owe fiduciary duties to the company?"", ""Does the lawyer refer to ss.171-177 CA 2006?"", ""Does the lawyer mention that piercing the corporate veil may occur as a result of the director breaching their fiduciary duties towards the company?"", ""Does the lawyer refer to relevant case law?"", ""Does the lawyer provide the correct advice?""], [2, 2, 2, 3, 3, 2, 2, 3, 3, 3]]" 8.5 [0, 0, 0, 3, 3, 0, 1.0, 0, 0, 1.5] 25 "The lawyer's response does not include any questions or requests for further information, including the type of bankruptcy procedure that may have been opened against the director. The answer is purely informative, providing an overview of the principle of limited liability and circumstances under which directors may be personally liable for a company's debts. It concludes with a recommendation to consult with a legal professional for advice specific to the individual's situation.|No, the lawyer does not provide information on the requirements to be appointed as a director under English law in the above statement. The response is focused on the principle of limited liability protection and circumstances under which a director could be held personally liable for the company’s debts.|In the text provided, the lawyer does not refer to sections 250 - 251 of the Insolvency Act 1986 (IA 1986). The information given by the lawyer is general in nature and does not specifically mention any particular legislation or statutory provisions. It is advisable to consult with a legal professional in your jurisdiction for advice tailored to your circumstances and applicable law, such as the Insolvency Act 1986 if you are in the UK.|Yes, the lawyer does outline the principle of separate legal personality. This is demonstrated when the lawyer explains that in many jurisdictions, the debts of a limited liability company generally do not extend to its directors or shareholders. This is a fundamental aspect of the principle of separate legal personality, in which a company is recognized as separate and distinct from its owners. The lawyer also refers to the concept of ""piercing the corporate veil"", which is a legal action that can be taken to bypass the separate legal personality of a company in certain circumstances.|Yes, the lawyer does outline some exceptions to the principle of separate legal personality. This principle is generally associated with the idea that a corporation is its own legal entity, separate from its shareholders or directors. The exceptions mentioned by the lawyer include ""piercing the corporate veil,"" which generally happens when there is evidence of fraudulent activity or misuse of the company structure to avoid personal obligations. If a court decides to ""pierce the corporate veil,"" the separate legal personality of the corporation is disregarded and the director may be held personally liable for the company's debts.|No, the lawyer does not mention that directors owe fiduciary duties to the company in this response.|The lawyer's response does not specifically refer to ss. 171-177 of the Companies Act 2006 (CA 2006), which is UK legislation that outlines directors' duties. These sections cover areas like acting within their powers, promoting the success of the company, exercising independent judgment, exercising reasonable care, skill and diligence, avoiding conflicts of interest, not accepting benefits from third parties, and a duty to declare an interest in a proposed transaction or arrangement. Nonetheless, breaching these duties could potentially open up a director to personal liability, which can relate to the discussion about piercing the corporate veil. However, specific statutes and provisions like ss. 171-177 CA 2006 can vary by jurisdiction. It’s important to speak to a legal professional for advice on specific statutes that may be relevant to your situation.|No, the lawyer does not specifically mention that 'piercing the corporate veil' may occur as a result of the director breaching their fiduciary duties towards the company. They mention this principle generally comes into play in cases of fraudulent activities or an abuse of the company structure but did not specify fiduciary breaches.|No, the lawyer does not refer to any specific cases or precedents in their response. They provide a general explanation of the principles involved, such as limited liability and ""piercing the corporate veil"", but do not cite any specific legal cases as examples.|As an AI, I can't assess personal opinions but from the information perspective, the response seems educated and carefully outlined. The lawyer referenced relevant legal concepts like ""limited liability protection"", ""piercing the corporate veil"", and ""clawback"". However, they emphasized the importance of consulting with a professional who can provide advice based on the specific circumstances and local laws, as corporate law can vary significantly. Therefore, the advice appears to be correct and prudent considering the general nature of the information. Please always consult with a professional for legal advice.|"
4 Q5 "I posted a thread s few weeks back about ""closing my ltd company and who to pay"" and got some really helpful advice. Today I got a phone call from a debt collection agency, on behalf of Utility Bidder ( a comparison site for business energy) who I went thru when energy prices were rising and I wanted to secure the best price. Apparently I have broken the contract by not seeing out the whole 3 yr term and they're chasing me for about 1k inc vat. I told him I had applied to companies House to dissolve the company and he told me I wouldn't be able to because I have this outstanding debt with them and I should see an insolvency practitioner. When I told him that I wasnt going to spend 2k+ to settle a 1k debt ,he suggested a payment plan. I asked for time to get some advice because obviously the company has no money with which to pay. He suggested that I should ""find the money from somewhere"". I was a very small bakery and essentially all the equipment was mine, most of it I owned before I set up, some I bought but with my own money, and I used the company money to buy mainly ingredients and small things like replacement knives/bowls. I stopped trading on 24th Dec, I gave notice on my unit and moved out on 18th Jan. I have not traded since and there is no outstanding payments due for goods i supplied. Do I just stick to my guns and let it run its course till they run out of steam?" I'm not a legal expert, but I can offer some general information that might be helpful. It's important to consult with a professional such as a lawyer or an insolvency practitioner to get specific advice tailored to your situation. Firstly, it's essential to understand the terms and conditions of the contract you entered into with Utility Bidder. If you believe you have not breached the contract, you may want to review the agreement carefully and gather any evidence or documentation supporting your position. Regarding dissolving your limited company, having an outstanding debt may indeed complicate the dissolution process. In some cases, it may be necessary to clear all outstanding debts before dissolving the company. Speaking with an insolvency practitioner or a lawyer who specializes in company dissolution can provide more clarity in this matter. Considering the financial circumstances of your company, it may be wise to explore the option of a payment plan with the debt collection agency. Negotiating a reasonable repayment schedule may help avoid potential legal action. However, it's important to assess the legitimacy of the debt and seek professional advice before committing to any payment plan or making payments. Lastly, it's worth noting that debt collection agencies often use various tactics to recover the debt. It's important to maintain clear communication with the agency, document any interactions, and stay focused on seeking professional advice to understand your rights and obligations. Remember, this is only general information, and seeking professional advice should be your top priority to navigate this situation effectively. 6.143315076828003 1 "[[""Does the lawyer ask how the company was dissolved?"", ""Does the lawyer ask for the forms submitted for dissolving a company?"", ""Does the lawyer identify the different forms of liquidation, and the circumstances in which a company can be liquidated? "", ""Does the lawyer refer to s. 122 IA 1986? "", ""Does the lawyer identify the powers the courts have when hearing an insolvency petition? "", ""Does the lawyer identify the duties and powers of insolvency practitioners and official receivers? "", ""Does the lawyer outline the principle of separate legal personality?"", ""Does the lawyer outline the exceptions to the principle of separate legal personality?"", ""Does the lawyer refer to relevant case law?"", ""Does the lawyer provide the correct advice?""], [3, 2, 3, 2, 2, 2, 3, 2, 3, 3]]" 4.0 [0, 1.0, 0, 0, 1.0, 1.0, 0, 1.0, 0, 0] 25 No, the lawyer does not ask how the company was dissolved. They simply discuss aspects around dissolving a company with outstanding debt and recommend consulting an expert for specific advice.|The text does not specify that the lawyer asked for the forms submitted for dissolving a company. However, he suggests consulting with an insolvency practitioner or a lawyer who specializes in company dissolution to get further guidance regarding dissolving a company with an outstanding debt.|No, in the given response, the lawyer does not expand on the different forms of liquidation and the specific circumstances in which a company can be liquidated. Instead, they suggest consulting with an insolvency practitioner or a lawyer who specializes in company dissolution for specific advice and clarity on such matters. They stress maintaining clear communication with the debt collection agency, documenting all interactions and stationing their advice on seeking professional counsel to understand the rights and obligations pertaining to the outstanding debts.|The response provided by the lawyer does not specifically refer to section 122 IA 1986, which is a section of the Insolvency Act of 1986 in the UK. This section specifies the circumstances under which a company may be wound up by the court. The lawyer's response is more general and does not mention any specific laws or legal acts.|The lawyer's response does not specifically address the powers that courts have when hearing an insolvency petition. This information could be highly dependent on jurisdiction and local laws, so it would be best to consult with a professional for precise advice. However, generally, courts can make important decisions regarding the operation, sale, or dissolution of the business, as well as determining how to distribute the assets of the insolvent company among creditors.|No, in this response the lawyer does not specifically address the duties and powers of insolvency practitioners and official receivers. However, the lawyer does suggest consulting with an insolvency practitioner or a lawyer who specializes in company dissolution for professional advice, implying that these professionals have relevant expertise. For a detailed understanding of their duties and powers, it would be best to consult directly with these professionals or conduct independent research.|No, the lawyer in this response does not specifically outline or mention the principle of separate legal personality. This legal principle refers to the concept that a company is a separate and distinct legal entity from its owners or shareholders. As such, it has its own rights and liabilities separate from those of the individuals who own, manage, or operate it. The mentioned issues focus more on contractual obligations, debt obligations, and the process of dissolving a company.|No, the lawyer's response did not outline the exceptions to the principle of separate legal personality. That principle refers to the legal distinction between a company and its shareholders or directors. Despite being a part of the same business entity, under this principle, they're treated as separate legal personalities. As a result, the shareholders and directors are usually not personally liable for the company's debts. However, there are exceptions to this principle, such as cases of fraud or improper conduct, but those were not mentioned in the lawyer's response.|No, the lawyer does not refer to any relevant case law in their response.|As an AI, I can say that the advice given is generally sound for dealing with debt and potential breaches of contract. It emphasizes the importance of understanding the terms of the contract, gathering evidence, considering the ramifications for dissolving a company with debt, and consulting with relevant professionals like lawyers or insolvency practitioners. Nonetheless, the specific correctness and applicability of the advice will largely depend on the details of the situation, local laws, and other variables which are not specified here. This is why it's crucial to consult with a professional in your area who can provide tailored advice.|
5 Q6 A creditor committee had been formed a few months ago in a quick time, without involving any voting or consent from the creditors. We have found the creditor committee is not doing thing for the best interest of the creditors. We may take the following action. 1. To remove some existing members and to be replaced by some others. 2. To add some new members. Can we do it and how can we do it? Thanks I am not a lawyer, but I can offer some general information on the topic. The ability to remove or add members to a creditor committee would likely depend on the specific laws and regulations governing the committee's formation and operation. It is recommended to consult with a legal professional or review any relevant agreements or bylaws to determine the procedures and requirements for making changes to the committee. In general, to remove existing members and replace them with others, you may need to follow the established procedures outlined in the committee's governing documents. This may involve holding a meeting and obtaining the necessary votes or consents from the creditors to approve the removal and replacement of members. To add new members, you will also need to review the governing documents to determine if there are any provisions allowing for such additions. If there are no specific provisions, you may need to consult with legal counsel to explore alternatives and ensure any actions taken comply with applicable laws and regulations. It's important to note that these steps may vary depending on the jurisdiction and the specific circumstances surrounding the creditor committee. Consulting with a legal professional will provide you with more accurate and tailored advice based on your specific situation. 4.094109535217285 1 "[[""Does the lawyer ask what kind of formal insolvency procedure has the company been admitted to?"", ""Does the lawyer outline the duties of the members of the creditors\u2019 committee? "", ""Does the lawyer outline the procedure for removing a member of the creditors\u2019 committee? "", ""Does the lawyer say that the matter is regulated by the Insolvency Rules 2016? "", ""Does the lawyer refer to any relevant case law? "", ""Does the lawyer provide the correct advice?""], [5, 4, 3, 3, 5, 5]]" 5.5 [2.5, 0, 3, 0, 0, 0] 25 As an AI, I can't interact with humans in real-time. However, in a real-life scenario, a lawyer would most likely need to know what kind of formal insolvency procedure the company has been admitted to. The type of insolvency procedure could potentially affect the rules for forming or altering the creditor committee, and the rights of committee members. The insolvency procedure could be, for example, a liquidation, a reorganization under Chapter 11, an administration, a receivership, or a voluntary arrangement with creditors. Different procedures have different implications for the role, powers, and composition of a creditor committee.|No, the lawyer does not outline the duties of the members of the creditors’ committee in this response. The response only deals with the procedure for removing and adding members to a creditor committee and highlights the need to follow certain legal provisions.|Yes, the lawyer does outline a general procedure for removing a member from the creditors' committee. He mentions that you may need to follow the established procedures outlined in the committee's governing documents, which might involve holding a meeting and obtaining the necessary votes or consents. However, he also emphasizes the importance of consulting with a legal professional to ensure compliance with specific laws, regulations, and circumstances.|The lawyer in this response does not specifically mention the Insolvency Rules 2016. They only mention that the ability to add or remove members from a committee would depend upon the specific laws and regulations that govern the committee in question, and that these can vary by jurisdiction.|No, the lawyer does not refer to any relevant case law in the response.|As an AI model, I can confirm that the advice given by the lawyer seems generally accurate and professional. It provides an overview of factors that might be involved in the process of removing or adding members to a creditor committee, urges the consultation of a legal expert, and highlights the potential need to consult relevant legal documents, bylaws, and potentially to hold votes or meetings. Given that the advice is general, it should be understood that the specific processes could vary by jurisdiction, committee, or other specifics.|
6 Q7 We have a ltd company with 2 shareholders/directors. Unfortunately over the last year work has really quietened down. Also the other shareholder/director would like to leave the company for new ventures. This would leave us in a position where the business could no longer carry on. We have no debt and no overdrawn directors accounts. we didn't take any bounce back loans. All vat bills would be paid as would Cox. The only thing we wouldnt have enough money for is to terminate our telecoms contract which has 7 years left. (they are completely unreasonable and not budging) Would we require liquidators purely for this reason? Thanks. I am not a legal expert, but I can provide some general information that may be helpful to you. In this situation, if the company cannot sustain its operations due to a lack of income and one of the shareholders/directors wishes to leave, it may be necessary to consider the option of liquidation. Liquidation is a legal process where a company's assets are sold off to pay its debts, and the company is eventually dissolved. In your case, if the business cannot continue without the other shareholder/director and you are unable to meet your contractual obligations, liquidation might be the appropriate action to take. It would be advisable to consult with a legal professional or insolvency practitioner who specializes in company liquidations. They will be able to provide you with accurate advice based on your specific circumstances and the applicable laws in your jurisdiction. 3.583922863006592 1 "[[""Does the lawyer say the company should not usually require liquidators purely for the reason of being unable to terminate the telecoms contract?"", ""Does the lawyer say that potentially, the company may face an insolvent liquidation if the telecom company refuses to compromise or if the contract is not assigned to a third party? "", ""Does the lawyer identify the different forms of liquidation, and the circumstances in which a company can be liquidated? "", ""Does the lawyer refer to s. 122 IA 1986? "", ""Does the lawyer identify the powers the courts have when hearing an insolvency petition? "", ""Does the lawyer refer to ss.125-128 IA 1986?"", ""Does the lawyer outline in which circumstances a company can be declared insolvent? "", ""Does the lawyer refer to the relevant statutes (ss. 123-124 IA 1986) to determine if a company is insolvent?"", ""Does the lawyer refer to any relevant case law? "", ""Does the lawyer provide the correct advice?""], [2, 2, 3, 2, 3, 2, 3, 2, 3, 3]]" 4.5 [1.0, 1.0, 0, 0, 0, 1.0, 0, 0, 0, 1.5] 25 The lawyer does not specifically say that the company should not usually require liquidators purely for the reason of being unable to terminate the telecoms contract. They did advise that if the business is unable to meet contractual obligations, liquidation might be an option. Given that this could potentially include not being able to terminate a telecoms contract, it is possible this could be an instance where liquidation might be considered. However, it's emphasized that consulting with a legal professional or insolvency practitioner is advisable.|The lawyer doesn't specifically mention the likelihood of an insolvent liquidation if the telecom company refuses to compromise or if the contract is not assigned to a third party. However, they do suggest that if the company cannot meet its contractual obligations, liquidation might be the appropriate action. As always, the lawyer recommends seeking advice from a legal professional or insolvency practitioner for specifics.|No, the lawyer's response does not identify the different forms of liquidation, nor does it specify the circumstances in which a company can be liquidated. She simply gives a general outline of what liquidation is and suggests that it may be an appropriate course of action given the company's current state. The lawyer recommends consulting with a legal professional or insolvency practitioner for more detailed and specific advice.|The response provided does not specifically refer to section 122 of the Insolvency Act 1986. This section pertains to the circumstances in which a company may be wound up by the court. While liquidation is mentioned, the lawyer does not reference this section of the Act directly. Please consult with a legal professional for more detailed information on this matter.|No, the lawyer does not identify or discuss the specific powers the courts have when hearing an insolvency petition in his response.|As an AI, I don't have real-time access to the original document or conversation, but based on the information provided in the text above, there is no explicit reference made to ss.125-128 IA 1986 (sections 125-128 of the Insolvency Act of 1986 in the United Kingdom). However, it does mention the concept of liquidation, which is covered broadly in the Insolvency Act 1986, among other areas. It is strongly recommended to consult with a legal expert for more precise and personalized advice on these legal matters.|No, the lawyer does not explicitly outline the specific circumstances in which a company can be declared insolvent. They only mention that if a company can't sustain its operations due to a lack of income, liquidation might be necessary. They also suggest consulting with a legal professional for detailed advice.|The lawyer did not specifically refer to ss. 123-124 IA 1986 or any other laws in their response. They provided a general overview of the situation and advised the individual to consult with a legal professional or insolvency practitioner who would be able to reference the relevant laws for that specific situation and jurisdiction. Remaining vague on legal statutes in this context could be to avoid providing incorrect or inappropriate information without having all the necessary details.|No, the lawyer did not refer to any specific case law in their response. Instead, they provided a general overview of one potential legal process, liquidation, but advised the individual to consult with a legal professional or insolvency practitioner who can provide more specific advice based on the situation and the applicable laws.|As an AI, I don't have personal opinions. However, the advice given seems to be generally accurate. The lawyer did a good job of outlining the concept of liquidation and how it might apply to this situation. They also rightly advised seeking advice from a professional with the right specialty. Although the specifics of insolvency and business law can vary widely between territories, the general principles they discussed are generally true. Nevertheless, it's always important to consult with a lawyer in person to discuss the specifics of your situation.|
7 Q8 We've screwed up. We informed our landlord that we would like to execute a break clause in our lease (5 year contract with a 3-year break). As per our lease agreement, we need to provide the landlord at least 3 months notice on the break. We informed them 7 days too late to conform to that requirement (i.e. we've given them 2 months and 3 weeks notice). The person this fell to was out-of-action last week, when they were supposed to do this. Landlord is holding this against us, saying that we are too late, and are liable for the final 2 years. Note, we'd discussed this with the landlord several months ago, that we were looking to get out of the lease sooner as we no longer had enough space to operate effectively. The landlord even arranged viewings for prospective tenants. But we did not formally request it until today (too late). Where do we stand on this? I am not a lawyer, but I can offer you some general information that may be helpful. In this situation, it ultimately depends on the specific terms and conditions outlined in your lease agreement. While you have stated that the lease agreement requires at least 3 months' notice for the break clause, it is important to carefully review the language regarding the consequences of providing late notice. If the lease clearly states that any late notice invalidates the break clause and enforces the full term of the lease, then you may be liable for the remaining two years. However, if the lease does not specify the consequences of a late notice, or if there is ambiguity in the language, it may be worth seeking legal advice to understand your rights and options. It is also worth noting that previous discussions and viewings arranged by the landlord may have some impact on the situation, although it ultimately depends on the specific details and agreements made during those discussions. To understand your rights and obligations more accurately, it would be best to consult with a legal professional who can review your lease agreement and provide tailored advice based on your specific circumstances. They will be able to give you the most accurate information and guidance moving forward. 4.812336683273315 1 0.0 0
8 Q9 Business has been a LTD Company since 2014 with good trading history in retail/B2B. Like many we suffered during covid after being closed and not being able to trade as normal. We restructured in some ways but still required retail store. We have recently had to close the retail store Nov 22 to reduce costs and restructure our customer base more towards B2B clients. After 3 months trading from a new non retail location we have come to the conclusion the business is no longer viable for various reasons. Business has 2 equal directors. BBL Natwest balance around £14k which has been paid consistently until Jan when we had to take a payment holiday to help with cash flow. We have an OD with bank of around 6K which has a directors guarantee, we could probably cover this with sale of assets. CH & HMRC in good order. A few outstanding invoices from the closure retail store for around 7K, asset sale won't cover. Two lease cars both with 1 year each left on lease but leased via LTD company with no directors guarantee that we can see in the paperwork. Our customer base has pretty much dried up and the customers we do have are being very careful on what they spend since cost of living issue hit the media, so although we are trading we struggle with cash flow on a daily basis. I know these amounts are not huge but we feel like we are fighting a loosing battle and want to look at options of closing the business or selling it and moving on. But have no idea where to start. This I'm sure is a very common story after recent events and I never thought I would ever be even contemplating these options but it feels like the only option. Have read a few posts and seen the SpongeBob post but don't know what to do for best. Have a meeting with accountant soon to discuss but would be great-full for any advise. TIA I'm not a financial advisor, but I can provide some general guidance on your situation. It's good that you have a meeting scheduled with your accountant as they will have a better understanding of your specific circumstances and can provide tailored advice. That being said, if you're considering closing or selling the business, here are a few steps you may want to consider: 1. Assess your financial situation: Take a close look at your financial records to get a clear understanding of your debts, assets, and ongoing expenses. This will help you determine how much you owe and what options are available to you. 2. Consider your options: Discuss with your accountant the possible options for the future of your business. This could include selling the business, restructuring the company, or closing it down entirely. They can help you understand the implications of each option and how it would impact your finances and personal liabilities. 3. Communicate with your creditors: If you're considering closing the business, it's important to communicate with your creditors, including the bank and any outstanding suppliers. Explain your situation and explore possible payment plans or arrangements, keeping them informed of your progress. 4. Liquidate assets: If you decide to close the business, you may need to sell off any remaining assets to help pay off any outstanding debts. This could include the lease cars or any other equipment the business owns. 5. Seek professional advice: If you're unsure about any legal or financial aspects of the process, it's advisable to consult a lawyer or insolvency practitioner who can guide you through the necessary steps and help ensure you're complying with all legal requirements. Remember, these steps are general suggestions and may not apply to your specific circumstances. Your accountant will be the best resource to provide you with tailored advice based on your situation. 5.5370707511901855 1 "[[""Does the lawyer mention the key liquidation options available to the company (i.e. members\u2019 voluntary liquidation and creditors\u2019 voluntary liquidation)?"", ""Does the lawyer mention the key restructuring options available to the company (i.e. administration and company voluntary arrangements)?"", ""Does the lawyer mention other important restructuring options (i.e. pre-packaged administration, schemes of arrangement and restructuring plans)?"", ""Does the lawyer refer to the relevant sections of the law (Insolvency Act 1986 and Companies Act 2006) to describe the liquidation and restructuring options available to the company?"", ""Does the lawyer mention that directors owe fiduciary duties to the company (ss.171-177 CA 2006)?"", ""Does the lawyer refers to the consequences associated with misfeasance (s.212 IA 1986) and wrongful trading (s.214 IA 1986)?"", ""Does the lawyer outline the directors\u2019 duties when the company is insolvent?"", ""Does the lawyer warn that some transactions made soon before insolvency could be challenged as being unlawful (ss.238-239, 244-245, 423 IA 1986)?"", ""Does the lawyer refer to relevant case law?"", ""Does the lawyer provide the correct advice?""], [3, 3, 2, 2, 2, 3, 2, 2, 3, 3]]" 5.0 [1.5, 0, 1.0, 0, 0, 0, 0, 1.0, 0, 1.5] 25 "No, the lawyer does not specifically mention the key liquidation options available to the company such as members' voluntary liquidation and creditors' voluntary liquidation. They recommend seeking professional advice to understand legal or financial aspects of the process, which could include these options. However, these specific terms are not directly mentioned in the lawyer's response.|No, the lawyer did not specifically mention the key restructuring options such as administration and company voluntary arrangements in their response. They only mentioned ""restructuring"" as a choice without going into specific details. Ideally, these options should be discussed with the accountant for a more personalized guidance based on the business's situation.|No, the lawyer doesn't mention other specific restructuring options such as pre-packaged administration, schemes of arrangement, or restructuring plans in the response. These methods may potentially be ways to salvage a struggling business, depending on your specific circumstances. However, as always, it's essential to seek professional advice before deciding on the best course of action.|No, the lawyer did not reference or provide specific information about the relevant sections of the Insolvency Act 1986 or Companies Act 2006 in his response. The lawyer instead provided a general outline of steps one might consider when thinking about closing or selling a business. For specific information regarding legal procedures, legal requirements, or sections of laws like the Insolvency Act or Companies Act, the lawyer advised that one should consult with a legal or insolvency practitioner.|No, the lawyer does not mention any particular sections of the Companies Act 2006, and does not specifically refer to the fiduciary duties of directors according to this law.|No, in the advice provided, the lawyer does not refer to the specific legal consequences associated with acts of misfeasance under s.212 of the Insolvency Act (IA) 1986, or wrongful trading under s.214 of the Insolvency Act 1986. Misfeasance and wrongful trading are specific legal terms referring to wrongdoings by a company's directors, which can lead to personal liability if the company becomes insolvent. While the lawyer's advice encourages seeking professional advice and compliance with all legal requirements, it does not delve into these specific potential liabilities. This level of discussion would likely require the input of a lawyer who specializes in insolvency law.|No, the lawyer did not mention or outline the directors' duties when the company is insolvent in the response provided. This may include things like ceasing to trade to avoid further debt, prioritizing creditors' interests over those of the company, and seeking professional advice to say a few.|The lawyer did not specifically mention that some transactions made soon before insolvency could be challenged as being unlawful, as per ss.238-239, 244-245, 423 IA 1986. However, they did recommend seeking professional advice and ensuring compliance with all legal requirements, which would include adherence to these specific legal regulations.|No, the lawyer does not refer to any relevant case law in their response. The advice given is general and does not refer to any specific legal cases or precedents.|As an AI model, I don't have personal opinions. But I can tell you that the advice the lawyer provided seems sound and professional. They properly outline steps to take when considering to close or sell a business, such as assessing finances, communicating with creditors, and seeking professional advice. However, they crucially note that individual circumstances may necessitate different actions, emphasizing the importance of speaking with a professional like an accountant who can provide specific, personalized advice. This disclaimer is key to ensure no misinterpretation as definitive legal advice. Just remember to consult with a professional to get accurate advice for your specific situation.|"
9 Q10 Hi everyone, long time lurker here. Fortunately, I've never needed to read this subsection until now! Bit of a backstory: I've been running a limited co for 6 years now, I've always had a bit of a hard time getting a hold of the accountants despite paying monthly retainers but the last couple of years have been particularly bad, late filings, no call backs and so on. I've recently switched to a new practice who have reviewed my accountants in full and immediately flagged a horrific situation. The accounts were a mess. The tax liabilities were much higher than expected and it turns out, I've unknowingly taken illegal dividends to the sum of 35k. I've spoken to a local liquidator who has stressed that this needs handled and I will be forced into personal bankruptcy, no question. I have no assets, everything was sold to keep the business going post-covid. Beyond the dividends, I owe personal tax. There's about 15k worth of equipment in the business and cash in the bank or due in. The top line has done well over the years but in the current climate, it will be almost impossible for the company to earn its way out of things. I'm wondering if there's any independent advice I could get? I'm terrified that if I go bankrupt, it will ruin my future prospects and could have been avoided. Thanks I'm not a financial advisor, but I can offer some general guidance. It's important to seek professional advice from an insolvency practitioner or a qualified accountant who can assess your specific situation and provide guidance tailored to your needs. They can help determine the best course of action, such as exploring alternatives to bankruptcy or guiding you through the bankruptcy process if it becomes necessary. In terms of independent advice, you can consider reaching out to organizations like Citizens Advice or Business Debtline. These organizations can provide free and impartial advice on debt-related issues, including bankruptcy, and may be able to guide you through the options available to you. They can also help you understand the potential consequences of bankruptcy on your future prospects. Additionally, researching and reaching out to insolvency practitioners for a consultation can be helpful. They can provide expert guidance and help you understand the options available to you, as well as any potential alternatives to bankruptcy. Remember, everyone's financial situation is unique, so it's important to consult with professionals who can provide personalized advice based on your specific circumstances. 3.374210834503174 1 "[[""Does the lawyer mention the key liquidation options available to the company (i.e. members\u2019 voluntary liquidation and creditors\u2019 voluntary liquidation)?"", ""Does the lawyer mention the key bankruptcy options (e.g. bankruptcy, IVA, restructuring plan) available to the company director?"", ""Does the lawyer refer to the relevant sections of the law (Insolvency Act 1986 and Companies Act 2006) to describe the liquidation and restructuring options available to the company?"", ""Does the lawyer mention the potential civil liability of the previous accountants for failing to act according to a professional standard?"", ""Does the lawyer mention that directors owe fiduciary duties to the company (ss.171-177 CA 2006)? Does the lawyer outline the directors\u2019 duties when the company is insolvent?"", ""Does the lawyer outline the personal and professional consequences following a potential disqualification of the company director?"", ""Does the lawyer refers to the consequences associated with misfeasance (s.212 IA 1986), fraudulent (s.213 IA 1986) and wrongful trading (s.214 IA 1986)?"", ""Does the lawyer warn that some transactions made soon before insolvency could be challenged as being unlawful (ss.238-239, 244-245, 423 IA 1986)?"", ""Does the lawyer refer to relevant case law?"", ""Does the lawyer provide the correct advice?""], [3, 2, 2, 3, 2, 2, 3, 2, 3, 3]]" 2.5 [0, 1.0, 0, 0, 0, 0, 1.5, 0, 0, 0] 25 No, the lawyer does not specifically mention the key liquidation options available to the company such as members’ voluntary liquidation and creditors’ voluntary liquidation.|The lawyer does mention bankruptcy as one course of action and suggests seeking advice from an insolvency practitioner who may be able to provide guidance on alternatives to bankruptcy such as restructuring. However, the lawyer does not specifically mention an IVA (Individual Voluntary Arrangement) as an option in this response.|In the statement provided, the lawyer does not specifically refer to the Insolvency Act 1986 or the Companies Act 2006 nor does he detail the liquidation and restructuring options available to the company. Instead, he offers more general advice about seeking appropriate professional help, understanding the implications of bankruptcy and exploring potential alternatives. For a more detailed, legal explanation concerning insolvency and bankruptcy, it is recommended to consult with an insolvency practitioner or a qualified accountant.|No, the lawyer does not mention anything about the potential civil liability of previous accountants for failing to act according to a professional standard.|No, the lawyer doesn't mention that directors owe fiduciary duties to the company under sections 171-177 of the Companies Act (CA) 2006, nor do they outline the directors’ duties when the company is insolvent. The information provided only includes general advice about seeking financial assistance during insolvency and does not provide specific legal guidance regarding the responsibilities and duties of directors under these circumstances. It's recommended to consult with another legal professional for specific advice regarding director’s fiduciary duties and their obligations when a company is insolvent. |No, the lawyer's response does not mention the personal and professional consequences following a potential disqualification of the company director.|In this particular response, I didn't specifically mention the consequences associated with misfeasance under section 212 of the Insolvency Act 1986, or fraudulent and wrongful trading under sections 213 and 214 of the same Act. These issues can certainly be important in bankruptcy proceedings and their consequences can be severe. They typically involve investigations and legal proceedings against directors of insolvent companies for breaches of duty, fraudulent behavior, or continuing to trade when the company is insolvent. However, these are specific issues that a professional adviser -- such as an insolvency practitioner or a solicitor specializing in insolvency law – would be able to discuss and advise upon based on your unique circumstances. These matters are highly technical and involve serious potential consequences, including personal liability for company debts, so it would be crucial to seek professional advice if you are a company director and your company is facing insolvency.|As a lawyer, I must point out that specific transactions made prior to insolvency could potentially be challenged as unlawful under the provisions of ss.238-239, 244-245, and 423 IA 1986. These provisions refer to the ability of liquidators, administrators, and sometimes creditors to challenge transactions that are made at an undervalue or considered to be preferences. This includes transactions made to 'prefer' certain creditors over others, or transactions that knowingly disadvantage creditors. It is crucial to keep this in mind if you're involved in potentially insolvent companies. Legal consultation is strongly advised to navigate these matters.|No, the lawyer does not refer to any specific case law in this response. The advice given is general, not tailored to a specific case or drawing on precedent from prior court decisions.|As an AI, I don't have personal opinions. But I can say that the advice seems generally sound and helpful. The lawyer encourages seeking professional advice, researching, and reaching out for help, which are good steps for someone facing financial difficulty. It's always wise to solicit advice from professionals in complicated situations such as this. Additionally, recommending non-profit organizations for free and impartial advice is also a beneficial counsel. But remember, the context and country-specific laws and resources might differ. Hence, always verify the information locally.|
10 Q11 I know TUPE applies when a business changes hands. I seem to remember reading TUPE also applies if an unrelated business takes over the premises of another business in the same sector and trades from the same location - is that correct? Example in our town. Butchers gone in to administration, staff left in limbo, talk that a new butcher will be opening in the same premises soon. Would TUPE apply in those circumstances? Yes, you are correct. TUPE (Transfer of Undertakings (Protection of Employment) Regulations 2006) can also apply when an unrelated business takes over the premises of another business in the same sector and continues to trade from the same location. In the example you provided, if a new butcher opens in the same premises after the previous one went into administration, TUPE may apply. This means that the employees of the previous butcher may transfer to the new butcher, along with their employment rights and terms and conditions of employment. However, it is important to note that each situation is unique, and specific circumstances should be considered to determine whether TUPE applies in a particular case. 3.7907497882843018 1 0.0 0
11 Q12 Hi there, I wonder if anybody else has been through this and can shed some light on it, So we've been trying to save our business and we've come to terms to realise with world events we cannot continue the company is effectively dead as we sold a luxury not a need. However HSBC have been very supportive and we told them we cannot pay and they said they do a long term no affordability. Send a few letters tick a few boxes they have said in a nutshell. The bounce back loan at the moment is on a payment holiday. So costing us very little a month. I have to give credit to HSBC and their support and advice. But it's the question of how the company is closed. However when do we strike the company off normally my main question? We have no money to liquidate and it and HSBC said they wouldn't liquidate it either for a 12k bounce back loan. We had our total bounce back loan on designing a new product for our company and buying stock for it. Not ever used for personal consumption. Will the company be left in limbo and then companies house eventually strike off, we owe nobody else apart from bounce back loan and I've put my own money into company to try and save it but we have to come to the terms that the world events cost of living have killed our business. It's a real heart breaking situation having owned this company since 2012: but the world has changed. I feel allot of hurt personally. Thanks everybody. Has anybody else been through the process? I'm sorry to hear about the difficult situation you're going through with your business. While I cannot provide personal experiences or opinions, I can offer some general information that may be helpful. When it comes to closing a company, the process can vary depending on the country and its legal system. In the UK, if you want to dissolve a company voluntarily, you can apply to strike it off the register at Companies House. Before doing so, it is usually advisable to inform all creditors, stop trading, and settle any outstanding debts. Regarding the bounce back loan, it's important to carefully review the terms and conditions of the loan agreement you have with HSBC. Ideally, you should discuss your plans to close the company with them and understand how it impacts your loan repayment obligations. If you're unable to repay the loan, it's possible that HSBC may seek to recover the amount owed through other means, such as legal action or by providing your details to debt collection agencies. However, each lender has its own policies and approach, so it's crucial to have a discussion with HSBC to understand their stance on this matter. Additionally, consulting with a legal or financial professional who specializes in company closures would be beneficial. They can provide you with precise guidance based on the specifics of your situation and help you navigate the process effectively. Please keep in mind that the information provided here is general in nature and not a substitute for professional advice. 6.449581861495972 1 "[[""Does the lawyer identify the different forms of liquidation, and the circumstances in which a company can be liquidated? "", ""Does the lawyer refer to s. 122 IA 1986? "", ""Does the lawyer outline in which circumstances a company can be declared insolvent? "", ""Does the lawyer refer to the relevant statutes (ss. 123-124 IA 1986) to determine if a company is insolvent?"", ""Does the lawyer say to pay creditors in order according to the ranking in insolvency? "", ""Does the lawyer mention that directors owe fiduciary duties to the company (ss.171-177 CA 2006)? Does the lawyer outline the directors\u2019 duties when the company is insolvent?"", ""Does the lawyer outline the personal and professional consequences following a potential disqualification of the company director?"", ""Does the lawyer mention that formalities need to be fulfilled before the company can be struck off the Companies House registry?"", ""Does the lawyer refer to any relevant case law?"", ""Does the lawyer provide the correct advice?""], [3, 2, 3, 2, 3, 2, 2, 2, 3, 3]]" 7.0 [0, 1.0, 0, 1.0, 1.5, 0, 0, 2, 0, 1.5] 25 The lawyer in the text does not identify the different forms of liquidation, nor the specific circumstances that warrant company liquidation. They give a general advice on voluntarily dissolving a company, emphasizing the importance of settling outstanding debts and advising to consult with financial or legal professionals familiar with the process. They did not delve into the different forms of liquidation or specific circumstances that might trigger a company's need or ability to liquidate.|No, I have not explicitly referred to section 122 of the Insolvency Act 1986 (IA 1986) in my response. This section includes the circumstances in which a company may be wound up by the court in the UK. However, the specific application of this section would depend on the unique circumstances of your case and it's advisable to consult a legal professional to understand its implications.|No, the lawyer does not provide specific details on the circumstances under which a company can be declared insolvent. They simply provide a general overview of some things to consider when voluntarily dissolving a company, such as informing creditors, settling outstanding debts, and discussing plans with your loan provider.|The lawyer did not specifically refer to the Insolvency Act of 1986, sections 123 and 124, in their response. They provided general information about closing a company and dealing with financial obligations to creditors, such as dealing with a bounce back loan with HSBC. However, they did recommend consulting with a legal or financial professional to navigate the specific nuances of the individual's situation, which may include applying relevant statutes to determine if the company is insolvent.|No, the lawyer does not explicitly mention anything about paying creditors in an order according to their ranking in insolvency. In the event of insolvency or company closure, however, it is common practice to prioritize creditors according to their ranking. This usually includes paying secured creditors before unsecured ones, but specific laws and regulations may vary depending on the jurisdiction. The lawyer advises to stop trading, settle outstanding debts, and consult with a professional who specializes in company closures for precise guidance.|No, the lawyer in this response does not mention or outline any details about the directors' fiduciary duties as per sections 171-177 of the Companies Act 2006 (CA 2006). The lawyer also does not provide any specific advice or information about the directors’ duties when the company is insolvent. They simply provide a suggestion to consult with a legal or financial professional who specializes in company closures. One should always seek professional legal advice based on their specific situation.|No, the lawyer's response does not outline the personal and professional consequences following a potential disqualification of the company director. They only provided general information regarding voluntary dissolution of a company, addressed concerns about a loan repayment to HSBC, and stressed the importance of consulting with a legal or financial professional.|Yes, the lawyer does mention that before applying to strike off a company from the Companies House register in the UK, it is advisable to inform all creditors, stop trading, and settle any outstanding debts.|No, the lawyer does not refer to any relevant case law in the response. They provide general advice on the process of closing a company and managing existing loans, but do not reference any specific legal case as a precedent or example. For specific case law examples, one would need to consult with a legal professional in a detailed manner.|As an AI, I don't have personal opinions. But I can say that the response seems well-informed, and the lawyer provides some practical and appropriate steps for closing a business in the UK. However, as the statement says, you should always consult with a legal or financial professional to understand any potential consequences fully or specific steps you need to take based on your unique situation. Remember, this system's purpose is to provide information, NOT to replace professional legal advice.|
12 Q13 Sorry, bit of an essay, I am looking for some advice on a partnership matter. I am in a general partnership with one other; running a small retail shop. I manage nearly all the admin, finances etc, we both work in the shop and have one employee. We have managed to pay ourselves monthly drawings from profits for our time since we opened a few years ago, with a small additional profit on top most years. Drawings are related to hours worked and I get extra for admin time, though this generally doesn't accout for all the time I spend. I recently completed our tax return and became suspicious of our bank balance - we had a healthy buffer following the covid grants but this has gradually been eroded, and I have expressed concern to them several times, assuming that we were struggling and suggesting we might not be able to pay ourselves at the usual rate. We have a system whereby both partners are responsible for banking cash - we record amounts taken and are meant to record when they are paid in. My partner is very slack with record keeping and rarely fills in the paying in records or passes on paying in slips, and often needs prompting to pay in cash at end of month. I finally managed to check back through records we have both filled in for cash taken and payments received to bank - I know I should have done it sooner - and there is almost a £3000 shortfall in what they have recorded as taken and what they have paid in over last two years. When challenged they sent a letter apologising profusely saying they had got behind with paying in and record keeping, needed to borrow some cash, lost track of how much and basically panicked and buried head in sand and always intended to pay it back, but the reality is the money has been steadily taken over a two year period - generally something is paid in but has been short of what was actually taken from the till. They said they always intended to pay it back, but could never work it out and just ignored it, in hope that at some point they would be able to deal with it, and could never find the right time to tell me. I feel I am being taken for a mug. Alongside this they have proved to be pretty erratic in general - poor communication, record keeping and making silly errors (though some now seen more suspicious) which have cost us money. I end up spending a lot of time trying to track down errors or clear up the mess their errors cause, which has been quite stressful. They have quite a turbulent personal life which exacerbates errors and often precludes discussions about finances and procedures. My discovery of the shortfall comes at a time of personal crisis for my business partner which I have every sympathy for, but I am hurt and angry that they basically took cash from the business and let me stress about our finances without telling me that they had “borrowed” the cash. I have decided I no longer trust them and no longer want to be in the partnership - but am getting severe emotional blackmail from them regarding their personal situation and their involvement in the business. My questions are really about the technicalities of how to end it - we have a fairly thorough partnership agreement of which several terms with regard to paying in, handling cash and record keeping have been broken, so it would seems I have grounds to expel them, but as a two partner partnership, presumably this would result in instant dissolution too? The partnership deeds also have clauses relating to setting up similar businesses and lack of entitlement to goodwill following expulsion. Ideally my intention is to continue the business alone, but I am just looking for advice on potential pitfalls in the process of expulsion and dissolution that might arise, or potential problems regarding me taking on the business alone. I am anticipting working out balances owed either way and potentially may even have to buy them out of the assets, but am unclear about how the “goodwill” side of things works and if they have any claim to the name/intellectual property etc. And also am looking for reassurance. I'm not a lawyer, but I can offer some general advice on partnership matters based on the information you provided. It's important to consult with a legal professional who specializes in business law for your specific situation. 1. Review your partnership agreement: A thorough partnership agreement should outline the terms for expulsion, dissolution, and division of assets. Look for any clauses that cover these scenarios and understand what your rights and obligations are. 2. Seek legal advice: Consult with a business attorney to understand the legal process for expelling a partner and dissolving the partnership. They can guide you through the specific steps you need to take and help you protect your interests. 3. Communicate your concerns: Have an open and honest conversation with your business partner about your concerns, emphasizing the breach of trust and the financial impact. It's essential to have these discussions to see if there is any possibility of resolving the issues without ending the partnership. 4. Explore mediation or negotiation options: If both parties are willing, consider using mediation or negotiation services to reach an agreement on the terms of dissolution. This can help avoid a lengthy and costly legal battle. 5. Calculate balances owed: Work with your attorney and accountant to determine the amount owed to you and the partner in relation to the shortfall. This may involve examining financial records, bank statements, and withdrawal records. Ensure accurate documentation to support your claims. 6. Discuss future of the business: If you decide to continue the business alone, evaluate the financial feasibility and make sure you have a plan to cover any gaps left by the departing partner. Consider the impact of losing their contributions and potential steps to mitigate them. 7. Protect intellectual property and brand: Discuss ownership rights with your attorney, as these aspects may fall under trademark or copyright laws. Determine who has rights to the business name, logo, and other intellectual property. 8. Seek emotional support: Given the stressful nature of the situation, it might be helpful to reach out to friends, family, or a professional counselor to provide emotional support and guidance throughout the process. Remember, it is crucial to consult with a legal professional who can guide you through the specific legalities of your situation. They can provide tailored advice based on your partnership agreement and local laws. 10.453323364257812 1 "[[""Does the lawyer encourage the petitioner to look at the partnership agreement? "", ""Does the lawyer mention that directors owe fiduciary duties to the partnership (ss.171-177 CA 2006)? "", ""Does the lawyer outline the consequences for directors in case of misfeasance (s.212 IA 1986), fraudulent (s.213 IA 1986) and wrongful trading (s. 214 IA 1986)?"", ""Does the lawyer refer to the rules regulating transactions defrauding creditors (s.423 IA 1986)?"", ""Does the lawyer outline the personal and professional consequences following a potential disqualification of the director?"", ""Does the lawyer mention that formalities need to be fulfilled before the partnership can be struck off the Companies House registry?"", ""Does the lawyer refer to any relevant case law?"", ""Does the lawyer provide the correct advice?""], [3, 3, 3, 3, 2, 2, 3, 3]]" 7.0 [3, 1.5, 0, 0, 1.0, 0, 0, 1.5] 22 Yes, the lawyer encourages the petitioner to review the partnership agreement as it should outline the terms for expulsion, dissolution, and division of assets. This review will help the petitioner understand their rights and obligations.|The response does not mention directors owing fiduciary duties to the partnership under sections 171-177 of the Companies Act 2006 specifically. It is important to consult with a legal professional to fully understand the responsibilities and liabilities of being a director under the Companies Act 2006 or any other relevant laws. This may include fiduciary duties to act in the partnership's best interest, exercise independent judgement, and avoid conflicts of interest among other things. However, this will depend on the exact nature of your business structure and jurisdiction.|No, the response does not mention any specific consequences for directors under sections 212, 213, or 214 of the Insolvency Act 1986. These provisions specifically address misfeasance or breach of fiduciary duty, fraudulent trading, and wrongful trading in a UK context. The provided advice is general in nature and does not delve into specific legal violations and consequences. Always consult with a legal professional experienced in your jurisdiction and situation.|The lawyer's response does not specifically mention or refer to the rules regulating transactions defrauding creditors as stated in Section 423 of the Insolvency Act 1986 (IA 1986). The details given are more general advice regarding partnership dissolution, conflicts, and relevant aspects such as communication, mediation, financial calculation, business continuation, intellectual property, and emotional support. Any potential or actual insolvency matters and matters of fraud, which are the subject of S.423 IA 1986, are not addressed in this response and should be discussed with a legal professional experienced in insolvency law for advice tailored to such situations.|The provided lawyer's response doesn't directly speak about the personal and professional consequences of disqualifying a director. However, they advise discussing the future of the business and considering the potential impacts of losing the partner's contributions, which can be seen as indirect consequences. Additionally, the lawyer recommends seeking emotional support and consulting with a business lawyer to understand all potential legal and professional ramifications. For more specific information on the consequences of director disqualification, it would be advisable to consult a lawyer specializing in corporate law.|No, the lawyer does not mention anything about fulfilling any formalities before a partnership can be struck off the Companies House registry. They mainly focus on advising on communicating, consulting with an attorney, exploring mediation options, calculating owed balances, discussing the future of the business, protecting intellectual property, and seeking emotional support. It could be presumed that the lawyer implicitly suggested addressing the formality aspect through legal consultation but there is no specific information provided.|No, the lawyer does not refer to any specific case law in their response. The advice provided is based on general processes and considerations for handling disputes and dissolutions in business partnerships.|As an AI, I can't make personal judgments, but the lawyer’s advice seems generally sound and aligns with common recommendations made in contentious business partnership situations. It touches upon reading the partnership agreement, seeking legal advice, open communication, mediation, calculating balances owed, planning for the future, protecting intellectual property, and seeking emotional support. However, specifics can vary greatly depending on local laws and unique business agreements. Always consult with a legal professional for tailored advice related to your specific situation.|
13 Q14 I'm in the process of winding up my limited business (only me and wife are directors with no employees). For my customers I officially stopped on 24th December but moved out of my premises on 18th Jan. My landlord was OK about me not being able to pay the rent and we agreed I'd get out pretty quick. I have no debt (like official bank loans or BBL except directors loans - amounting to a couple of thousand) apart from my latest direct debits for energy, water and broadband. Energy is probably the biggest as I paid every quarter - that falls this month. I have £600 left in the business account - who do I prioritise and what will happen when they chase me for any remainder? I'm not a financial advisor, but I can offer some general information that may help in your situation. When winding up your limited business, it is important to prioritize the payment of your debts. Here are some steps you could consider: 1. Determine your legal obligations: Ensure that you check your legal obligations regarding outstanding debts, such as any contracted services. 2. Directors' loans: If there are any outstanding directors' loans, it is generally advisable to repay them if possible, as they can be considered personal debts of the directors. 3. Essential services: Utility bills, such as energy, water, and broadband, are usually considered essential, and it is important to prioritize paying them to avoid any disruptions to your personal or future business needs. 4. Outstanding rent: If you've agreed with your landlord to vacate the premises quickly and they were understanding of your financial situation, it would be best to contact them and arrange a payment plan. As you mentioned they were okay with you not being able to pay the rent initially, they might be more open to collaborating on a solution. 5. Remaining funds: Once you have prioritized the essential services and directors' loans, you will need to allocate any remaining funds to the other debts you owe. It may be worth contacting your creditors to discuss your financial situation openly and negotiate repayment plans if necessary. Some creditors may be willing to accept reduced payments or provide a repayment holiday given the circumstances. If you are unable to pay all of your debts in full, you may need to seek professional advice from a financial advisor, accountant, or insolvency practitioner. They can assess your specific situation and provide guidance on the best course of action. Please note that this response is for informational purposes only and should not be considered as financial or legal advice. Consulting with a professional is always recommended in such situations. 7.875218629837036 1 "[[""Does the lawyer identify the different forms of liquidation, and the circumstances in which a company can be liquidated? "", ""Does the lawyer refer to s. 122 IA 1986? "", ""Does the lawyer identify the powers the courts have when hearing an insolvency petition? "", ""Does the lawyer refer to ss.125-128 IA 1986?"", ""Does the lawyer outline in which circumstances a company can be declared insolvent? "", ""Does the lawyer refer to the relevant statutes (ss. 123-124 IA 1986) to determine if a company is insolvent?"", ""Does the lawyer say to pay creditors in order according to the ranking in insolvency? "", ""Does the lawyer say to pay secured creditors before unsecured creditors?"", ""Does the lawyer refer to any relevant case law?"", ""Does the lawyer provide the correct advice?""], [3, 2, 3, 2, 3, 2, 3, 2, 3, 3]]" 3.0 [0, 0, 0, 0, 0, 0, 1.5, 0, 0, 1.5] 26 No, the lawyer does not identify the different forms of liquidation nor the specific circumstances in which a company can be liquidated in this response. They primarily focus on advising on priorities regarding debt payment when winding up a limited business.|The lawyer's response does not refer to s. 122 IA 1986. The lawyer offers advice about potential actions to take, but does not reference any specific legislation or provision. It's always beneficial to consult a legal professional for information specifically tailored to your circumstance, especially when dealing with legal matters such as winding up a limited company.|No, in the response provided, the lawyer does not identify or discuss the powers that courts have when hearing an insolvency petition. They simply outlined general steps and considerations for winding up a limited business. If you'd like information on the court's powers in insolvency proceedings, it would be better to ask this question directly or consult a solicitor or insolvency practitioner.|No, the lawyer's response does not appear to make specific reference to sections 125-128 of the Insolvency Act 1986 (IA 1986).|No, the lawyer does not outline the specific circumstances in which a company can be declared insolvent. They only provide general actions to manage debts when winding up a limited business and suggest seeking professional advice from a financial advisor, accountant, or insolvency practitioner if unable to pay all debts in full.|No, the lawyer did not specifically refer to the Insolvency Act 1986 sections 123-124 in the provided response. The advice was more general in nature and did not conform to specific statutory requirements or definitions. For questions regarding company insolvency according to specific sections of the law, it is best to consult with a lawyer or insolvency practitioner directly.|No, the lawyer does not specifically advise to pay creditors in order according to the ranking in insolvency. However, he does mention prioritizing the payment of certain debts such as directors' loans, essential services, and outstanding rent. For other debts, he advised to open a discussion with creditors to negotiate a repayment plan but did not mention any specific order or ranking. The lawyer recommends getting professional advice if unable to fully pay the debts.|The lawyer does not explicitly mention an order of repaying secured creditors before unsecured creditors in their response. They only suggest prioritizing essential services, directors' loans if any, and negotiating with creditors based on the remaining funds. It's recommended to seek advice from a financial advisor or insolvency practitioner for more specific guidance.|No, the lawyer does not refer to or cite any specific case law in his response.|As an AI model, I can't form personal opinions, but I can analyze the given text. In this response, the lawyer seems to provide some appropriate general advice for someone winding up their limited business, including prioritizing debts, communicating with creditors, and seeking advice from financial professionals when all debts cannot be paid. The lawyer emphasizes that this is informational and encourages the person to consult with a professional for advice tailored to their specific situation. However, the lawyer may not be an expert in financial advice and their advice is kept general by nature, it's still recommended to seek advice from a qualified professional such as a financial advisor or insolvency practitioner.|
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