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ACCA Applied Skills · Corporate and Business Law (Global) · Fraudulent and criminal behaviour

Zeta Ltd is being wound up and its liquidator discovers that, during the previous year, the directors carried on the company's business with the intention of defrauding its creditors. Which of the following best describes the key feature that distinguishes fraudulent trading from wrongful trading?

Fraudulent trading requires proof of dishonest intent to defraud creditors or for another fraudulent purpose. Wrongful trading needs no dishonesty; it is based on directors failing to take the steps a reasonably diligent director would have taken once they knew insolvent liquidation was unavoidable.

  1. AFraudulent trading requires proof of dishonest intent, whereas wrongful trading is based on a failure to meet a standard of care and skillCorrect
  2. BFraudulent trading applies only to directors, whereas wrongful trading applies to any person who dealt with the company
  3. CFraudulent trading can be claimed before the company is insolvent, whereas wrongful trading cannot

Explanation

Fraudulent trading needs actual dishonesty (intent to defraud creditors or another fraudulent purpose). Wrongful trading is judged on an objective and subjective standard of what a reasonable director would have done once insolvent liquidation was unavoidable. The second option is wrong because fraudulent trading can reach anyone knowingly party to the fraud, not only directors.

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