Wrongful trading red-flag checker
Wrongful trading is the risk that a director becomes personally liable to contribute to the company\'s debts for having kept trading after the point when they should have realised insolvent liquidation was inevitable. It does not require dishonesty, only that a reasonably diligent director would have stopped and acted to protect creditors. Courts judge it with hindsight, which is why the safe response is to take advice early rather than carry on hoping. There are a handful of well-recognised red flags: taking customer deposits you may not be able to fulfil, paying favoured creditors while ignoring others, running up new debts with no realistic plan to repay them, and ignoring the fact that the company is already insolvent. The more of these that describe your company, the higher your personal risk. This checker is a quick self-assessment, not a legal opinion, but if it flags concern, treat that as a prompt to get advice today. Insolvency Act 1986, s214
Tick anything that applies
A self-assessment, not a legal determination. Any concern is a reason to take advice promptly.
Common questions
What is wrongful trading?
Wrongful trading, under section 214 of the Insolvency Act 1986, is continuing to trade after the point when you knew, or should have concluded, there was no reasonable prospect of avoiding insolvent liquidation. It can make a director personally liable to contribute to company debts.
How do I protect myself?
Take advice as soon as you realise the company may not survive, document your decisions, stop running up debts you cannot repay, and act to minimise creditor losses. Early professional advice is the strongest protection. See wrongful trading.
Speak to a Licensed Insolvency Practitioner
Tell us briefly what is happening and we will arrange a free, confidential, no obligation call with a Licensed Insolvency Practitioner. The earlier you get advice, the more options you usually have.
Free, confidential and no obligation. We are an independent information service and introduce directors to a Licensed Insolvency Practitioner. This is general information, not regulated advice.