who is liable for debts in a limited company

Who is Liable for Debts in a Limited Company?

02/01/2025Limited Company

Running business activities through a limited company in the UK comes with many responsibilities, task management and challenges. However, people associated with the business world in the UK still prefer to run business activities through this business structure. Unlike sole traders, this is because a limited company is a separate business entity from its owner. Another valid reason to choose a limited company for business operations is that the directors will not stand liable for the debts of the businesses. The question that arises here is who is liable for debts in a limited company, then? Well, this comprehensive guide is designed to answer everything you need to know about it. Be with us to learn more about it.

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What is Limited Liability?

A limited liability is known to play the role of a layer of protection, and this is to be placed between the directors of the company and a limited company. This ensures that the company is a separate entity from its directors and that its assets are safe when it comes to the query of who is liable for debts in a limited company. This further ensures that the liability of a director depends on the amount of money they have invested in a particular limited company. Here is the answer hidden: a director will not stand liable for the debts of a limited company. The company usually becomes insolvent because it is not capable of paying the debts.

What is known as a Company Liability?

When it comes to questions like who is liable for debts in a limited company, in the business world, the term liability is known for the sum of money in the UK. You also know it by the name of a contractual obligation or another such form of debt a company owe to pay. This includes unpaid invoices to a creditor, a commercial lease, a hire purchase agreement, or a loan. One of the biggest advantages of carrying out business activities through a limited company is the ability to offer to doctors and owners. This is especially true for the unfavourable circumstances of the financial side of a business.

Who is Liable for Debts in a Limited Company?

The fact that a limited company offer protection to the personal assets of its directors in the UK. However, there are certain conditions and business situations in which they will have to understand who is liable for debts in a limited company. Directors will be liable for the company’s debts and repay a certain amount of debt. In case your limited company in the UK has entered formal insolvency proceedings, there will be an insolvency practitioner who will be hired. This is to investigate the conduct of directors once the company has entered into the status of being insolvent.

Now, this investigation usually focuses on seeking the instances like fraud or misconduct during the insolvency period. This makes the director liable to repay the debts of the limited company. There are other instances as well that will lead to making a company director liable for repaying the debts. This includes the following.

  • Having an Overdrawn director’s loan account
  • Debts having accumulated due to fraudulent means, such as taking on credit you knew you wouldn’t be able to repay
  • Signing a personal guarantee
  • Withdrawing and using company funds for non-business activities; is an offence known as misfeasance
  • Continuing to pay shareholders dividends whilst the company is knowingly insolvent
  • Disposing of the company’s assets at undervalue or no value

Can Company Debts be Written Off?

Since a limited company is considered to be a separate business entity in the UK, the unsecured debt that a company still owes will be written off if the company formally enters into the insolvent company status and the procedure has started. In other words, we can say that the company debts belong to the company in most of the situations other than the ones discussed above, in which directors become liable to repay. So, in the majority of the cases when a company is closed in the UK, the debts are written off after the investigation.

The Bottom Line

In conclusion, as we have discussed above, a director is known to be a separate entity, and the liability depends on the amount of money invested in a limited company. This explains why the personal assets of a director aren’t in danger if a limited company is in trouble of being incapable of paying its debts. But who is liable for debts in a limited company in either case? There are certain situations when the shareholders of the company pay the debts. For example, they know the status of the company is insolvent. However, they still decide to carry on trading activities. This makes them liable to pay company debts.

Reach out to our intelligent and clever-minded guys to get the answer to your queries in the UK, we will get to your answers quickly. We will help to decide how to deal with your tax implications.

Disclaimer: The general information provided in this blog about who is liable for debts in a limited company includes text and graphics. It does not intend to disregard any of the professional advice in the future as well.


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