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creditors interestssection 212duty to promote success
Re HLC Environmental Projects Limited
[2013] EWHC 2876 (Ch)
Key Principle
Once a company is insolvent (or of doubtful solvency), the director's duty to act in the company's interests is modified so that the interests of creditors as a whole become paramount, and a director who, without genuinely considering those interests, prefers some creditors (or himself) at the expense of others breaches that duty and is liable in misfeasance to restore the misapplied funds.
Area of Law
General
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