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22/05/18
17:58
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Originally posted by Clever1
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Compulsory winding up of a company can only occur if a liquidator has been appointed to a company. PZC (or other creditors) would need to enforce its legal obligations in the event NEC was in breach of its legal obligations.
Whilst the loan by PZC to NEC has been written off in PZC half yearly accounts. As per the February announcement, for NEC the repayment date is 21 February 2019, so technically NEC are not (yet) in default (breach) of the loan. Saying that, the company (and it's auditors) have sought to write off the loan, as there are concerns about NEC's ability to repay the funds. Most should already know my feelings about this...
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Seems receivers and administrators have now been appointed.
My understanding is that creditors need to make a claim to be considered entitled to anything if the company is liquidated.
As a secured creditor PZC should be making a claim shouldn't it (needs to lodge proof of debt form)?
Given the directors of both companies what do you think are the chance of this happening?
And if the above does not happen aren't the directors in breach of their duties.
By not disclosing the above to shareholders aren't the directors in breach of their duties.