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Directors questionnaires

insolvencies the current and former directors of the business will be asked to complete a questionnaire.  Questionnaires are not normally formally required in Company Voluntary Arrangements (“CVA”).

Directors in this context include directors registered at Companies House, those that use 'director' in their business title or anyone who acts like a director.

Most questionnaires are similar in nature and are aimed at establishing the reasons for failure of the business and the circumstances surrounding the insolvency.

Topics covered would normally include:

  • Role of the director
  • Reasons for failure – in the director’s opinion
  • Timing of insolvency (details of CCJs, bounced cheques, etc.) – to establish when the business became technically insolvent and what actions were taken.
  • Details of unusual transactions
  • Details of and trading with related entities (companies, directors, employees, family, etc.)
  • Remuneration – to determine if it is excessive

Legislation requires directors to assist insolvency practitioners and as such the questionnaires should be completed by the deadline set. 

The questionnaires will form part of the record in the insolvency and may be used when considering whether there have been any wrongdoing on the part of the directors.  The questionnaire may also be sent to the DTI as part of the report on the conduct of directors.

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