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What a catch 22. If you are able to make any money from those transaction fees, than they become assets of the company which will go towards meeting the obligation anyway! Otherwise you will have to move the cash out of the business before the liability fall due. As a company director, I think it is illegal to do that knowing that you have a big debt to be met - so definitely check with your accountant, lawyer, QC etc.
Why not do it AWG?
The protection of a proprietary limited company can be pierced, if it can be demonstrated to a balance of probabilities, that the company was formed for the sole purpose of limiting or avoiding liability.
So unless you could convince the judge that this was a legitimate profit making scheme, then the director would be personally liable for the debt.
As usual, I'm not a lawyer, so DYOR, but that's my interpretation of corporate law.
like I said (for hypothetical purposes)
It HAS to be a person unequivocally headed for bankruptcy!!!
How does a person headed for bankruptcy get a hold of the $100,000+ to buy the shares, even for $0.001 each?
By my understanding, when a company is wound up the unpaid amount on any shares becomes payable to the company, so I don't think winding up the company would release the shareholders from their obligation. And I believe Brisconnections has a lot of debt, so I doubt there'd be any leftovers afterwards to pay back to the shareholders.Perhaps even be able to call a series of board meetings and wind the company up if enough share holders agreed to it
It's not at all unusual for directors to be on many Boards and to be chairman of several companies.see
www.qbf.qic.com.au/team/rowe.cfm
He sure does get around, I wonder how he can give 100% to any one of his projects?
To what end? What would Mr Rowe have to gain if this were the case?Also, as he has his finger in the pie of Brisconnect, & QIC, & ASX, is there any reason why we should not suspect collusion or planning or fixing this in advance?
Again, what would the company, or Trevor Rowe in particular, have to gain by allegedly 'targeting little people'.I almost see that smart people would target little/ignorant/uneducated people as grain for the mill to grind up. (seeing as so many others are so fond of analogies I thought this might be pertinent.)
How does a person headed for bankruptcy get a hold of the $100,000+ to buy the shares, even for $0.001 each?
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