Directors at Risk
The decision of the Privy Council in Agent V Commissioner of Inland Revenue (affirming the judgment of the Court of Appeal of New Zealand in Re Brumark Investments Ltd) could have far reaching implications for directors who have given personal guarantees in respect of loans or overdrafts to banks. The high street bank is generally the first port of call for the funding of small to medium sized businesses. To secure the obligations of the company under its banking facility the bank will take generally take fixed and floating charges over the assets of the company by way of a debenture. The assets to be charged will include the book debts of the company. In addition, the directors, who in many cases are the owners of the company, may also have to guarantee the facility. In some cases, these guarantees are supported by security, often the directors’ homes. All is...Read more …