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IBC - Highlights / Catch Notes

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Whenever Fraud on a Creditor is perpetrated in the course of ...

Insolvency and Bankruptcy

September 27, 2022

Whenever Fraud on a Creditor is perpetrated in the course of carrying on Business, it does not necessarily follow that the Business is being carried on with an Intent to Defraud the Creditor - One cannot remain oblivious of the candid fact that, if the Directors of a Company had acted on a bonafide belief that the Company would recover from its Financial Problems / Difficulties, then, they will not be held liable for the act / offence of Fraudulent Trading. - AT

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