10@12 Webinar: Payments to Directors: Challenge and Justification
8th July 2022
- How should transfers be classified?
- Why does the classification of the transfer matter?
- Does the basis for the transfer need to be identified at the time? Is retrospective classification permissible?
- Can a theoretically ‘permissible’ classification nevertheless be in breach of a director’s duties?
- Can unjust enrichment (quantum meruit) be used as an alternative basis for directors to retain sums?
- What issues do directors’ loan accounts (DLAs) raise?
- What can an insolvency office-holder do to recover sums paid?
- Where is the dividing line between company claims and office-holder claims?
- When can a bankruptcy petition be premised on a payment to a director?
- What are the key takeaways on justifying and challenging payments to directors?