Offence

Hi Garvit, The offence of Fraudulent Trading is covered by the Companies Act, so even if the company is not insolvent, a director can be found guilty. However, if you are pursuing a director under the Insolvency act for either Fraudulent or Wrongful Trading, then yes you will need to show that the company was "insolvent" at the time of the offence. I hope this clarifies. Kind regards, Vijay