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

Recommendations for addressing phoenix activities, Recommendations for addr...

Recommendations for addressing phoenix activities Over the past two decades there have been a significant range of proposals for addressing phoenix activity. Most of these opt

Capacity - sales of goods, Capacity - Sales of goods Through S.4 (1) p...

Capacity - Sales of goods Through S.4 (1) provides such capacity to buy and to sell is governed through the natural law concerning capacity for contract. Although where necess

Determine the term - fixed exchange rates, Determine the term - Fixed Excha...

Determine the term - Fixed Exchange Rates With a fixed exchange rate adjustment toward long run equilibrium occurs via monetary effects. This effect is shown in Figure 9.1. At

Explain the main elements of a contract administration plan, QUESTION 1 ...

QUESTION 1 (a) Briefly explain 4 functions involved in ensuring compliance with contract requirements (b) Explain how changes regarding variations and price adjustments are

Explain the concept of salomon principle, Question 1: (a) Explain the c...

Question 1: (a) Explain the concept of Salomon Principle and critically analyse its importance in company Law. (b) Discuss why and in what circumstances the court will pierc

What is the major issue concerning the international law, What is the major...

What is the major issue concerning the international law The major issue concerning the international law is its implementation within the domestic system. A State can enforce

Main advantages - mergers and winding up, Main advantages - mergers and win...

Main advantages - mergers and winding up: A scheme of arrangement under s.207 offers three main advantages: (a)     it can be used in circumstances to which s.210 and s.280

When was the concept of refugee expanded, When was concept of refugee expan...

When was concept of refugee expanded Refugee law encompasses international legal instruments including the following : The 1951 United Nations Convention relating to the Status

Definitions of phoenix activity, phoenix activity involves "the evasion of ...

phoenix activity involves "the evasion of tax and other liabilities, such as employee entitlements, through the deliberate, systematic and sometimes cyclic liquidation of related c

Civil case - african customary law, Civil Case - African Customary Law ...

Civil Case - African Customary Law Moreover customary law is applicable only in civil cases.  Thus the District Magistrate's Court's Act 1967, S.2 restricts the civil case

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