Diffrence between phoenix activity and honest behaviour, Business Law and Ethics

Assignment Help:

Q. Diffrence between phoenix activity and  honest behaviour?

There are circumstances where a business has been managed responsibly and fails, and after a period of time, its directors are able to continue operating the business under another corporate entity. This is not, in and of itself, an illegitimate use of the corporate form.

For example, a business may go into administration and in the case of many high risk businesses "assets, equipment, and even the business itself are largely unsaleable and consequently a liquidator will often end up disposing of the assets of the failed company to directors of the company who hope to resurrect the business with reserved personal finances".

The key distinction between fraudulent phoenix activity and the honest resurrection of a company is the intent with which the liquidation is undertaken.

Fraudulent phoenix

activity involves the liquidation of a company in order to avoid debts with the full intention of continuing the business after the liquidation. Fraudulent phoenix activity also usually involves the intentional structuring of a company in a way that allows directors to avoid meeting their obligations to pay taxes, employee entitlements and debts owed to other businesses.

Stakeholders all highlighted that any definition must stress the deliberateness or intent with which a fraudulent phoenix business liquidates in order to avoid debts. It was also emphasised that in cases of honest behaviour, the revival of businesses should not be discouraged. Some stakeholders (such as the ATO) used the term 'fraudulent phoenix activity' to distinguish between the manipulation of the corporate form to avoid debts and the honest 'resurrection' of a company that had been liquidated (which was sometimes referred to as 'honest' phoenix activity). Other stakeholders used the term phoenix activity to describe the liquidating of a company to avoid debts and used other terms for the honest resurrection of a company.


Related Discussions:- Diffrence between phoenix activity and honest behaviour

Procedural technicalities, Procedural Technicalities: In fact here the...

Procedural Technicalities: In fact here the procedure in the common law courts was highly technical and many good causes of action that were lost due to procedural technicalit

State the international policy coordination, State the International Policy...

State the International Policy Coordination There may be two sources of interdependence between national economic policies, club goods and horizontal spill overs. The first has

Definition of an industrial dispute, Question 1: (A) What is an industr...

Question 1: (A) What is an industrial dispute and what are the elements involved in the definition of an industrial dispute? (B) What are the various options available to t

Domicile of choice, Domicile of Choice Therefore this is the domicile ...

Domicile of Choice Therefore this is the domicile a person acquires through choosing that country to make his permanent home. Well S.8(1) of the Act provides that whether a pe

What are the origins of open method of coordination, What are the origins o...

What are the origins of open method of coordination The origins of the OMC lie in the Lisbon European Council (March 2000), which made its introduction as the primary means of

General principles of calls on contributories, General principles of Calls ...

General principles of Calls on contributories: If it is necessary to make calls on contributories the liquidator draws up a list "A" of contributories who were members at th

Transfer or passing of property - sales of goods, Transfer or Passing of Pr...

Transfer or Passing of Property - Sales of Goods Perhaps assuming like the seller has a right to sell the goods, so it like necessary to determine the precise moment the trans

Sales of goods, when can implied condition can be treated as warrantee?

when can implied condition can be treated as warrantee?

Law of employment, Unique Vespa Couriers Pty Ltd ('UVC') is a courier compa...

Unique Vespa Couriers Pty Ltd ('UVC') is a courier company operating in the Melbourne metropolitan area.  Where most courier companies used bicycle couriers, UVC used vespas.  They

Suggested actions for addressing phoenix activity, Q. Suggested actions for...

Q. Suggested actions for addressing phoenix activity? The following actions are suggested for addressing phoenix activity. Those that have been suggested are the actions that:

Write Your Message!

Captcha
Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd