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Good Morning, In my BPP revision kit, theres the following question:
Which two of the following criminal offences that directors of a company may commit as a consequence of their company being insolvent?
1)Acting as director whilst disqualified
2) Making a false statement of Solvency
3) Wrongful trading
4) abuse of possesionThe answer given is 2 and 3
My doubt is isnt Wrongful trading a CIVIL offence and not a CRIMINAL one ( as the question asks),
Note; In a previos question the book mentions wrongful trading being civil offence too.
Hmmm … as you say, wrongful trading is a civil wrong, not criminal
Option 1 IS a criminal offence but it’s a criminal offence whether or not the company is insolvent ie it’s not as a consequence of that insolvency
Option 2 clearly is a criminal offence
Option 4 (abuse of position? not possession) is not a criminal offence
Like you, I’m not happy with this question and answer
OK?
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