Liquidator and Official Receiver Defence

When a company enters liquidation, directors face intense scrutiny from liquidators and Official Receivers investigating business conduct, transactions, and decision-making. These investigations can expose directors to serious personal liability, disqualification proceedings, and reputational damage that extends far beyond the company’s failure.

Femi Ogunshakin provides robust, strategic defence for directors under investigation, protecting your personal assets, professional reputation, and future ability to serve as a company director.

Responding to Liquidator Enquiries

Liquidators and Official Receivers possess extensive powers to investigate company affairs and director conduct. They will scrutinise financial records, question transactions, and assess whether directors fulfilled their statutory duties during periods of financial distress. Their enquiries can lead to claims for personal contributions, asset recovery actions, or disqualification recommendations.

Femi provides comprehensive support when responding to these investigations:

Strategic Response Preparation

Carefully crafting detailed, legally sound responses to enquiries that protect your position while demonstrating transparency and cooperation.

Document Review & Analysis

Examining company records, financial statements, and transaction histories to identify potential vulnerabilities and strengthen your defence.

Interview Preparation

Preparing you thoroughly for meetings with liquidators or Official Receivers, ensuring you communicate clearly and protect your interests.

Negotiation with Practitioners

Engaging directly with liquidators to resolve concerns, challenge unfounded allegations, and negotiate reasonable outcomes.

Why Proper Response Matters

How you respond to liquidator enquiries fundamentally shapes the outcome of their investigation. A well-prepared, legally robust response can prevent claims for personal liability, avoid costly litigation, and protect your ability to continue as a director. Conversely, inadequate or poorly considered responses can escalate matters significantly, exposing you to substantial personal financial risk.

Defending Against Director Disqualification

Director disqualification proceedings represent one of the most serious consequences of company failure. If a liquidator or Official Receiver believes a director breached their statutory duties, demonstrated unfitness, or engaged in conduct that contributed to creditor losses, they can recommend disqualification to the Secretary of State.

Disqualification prevents you from acting as a company director, directly or indirectly, for periods ranging from two to fifteen years—severely limiting your professional and commercial opportunities.

Detailed Assessment

Thoroughly analysing claims of unfit conduct, identifying factual inaccuracies, and building a comprehensive defence strategy.

Evidence Gathering

Compiling documentary evidence, witness statements, and expert reports that demonstrate your reasonable conduct.

Strategic Negotiation

Negotiating disqualification undertakings that reduce the period or severity of restrictions without contested court proceedings.

Court Representation

Representing you vigorously in disqualification proceedings, presenting compelling arguments that protect your reputation.

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Protecting Directors from Personal Liability

While limited company structure typically shields directors from personal liability for company debts, certain circumstances can pierce this protection, exposing directors to substantial personal financial risk. Liquidators and Official Receivers actively investigate these scenarios to recover assets for creditors.

Femi provides strategic defence against personal liability claims arising from:

Wrongful Trading

If a director continues trading when they knew, or should have known, the company could not avoid insolvent liquidation, and fails to minimise losses to creditors, they may face orders to contribute personally to company assets.

Femi helps establish defences including:

Demonstrating reasonable belief in company recovery based on available information and professional advice
Proving steps were taken to minimise potential creditor losses
Showing continuing to trade was in creditors’ best interests based on reasonable commercial judgement

Fraudulent Trading

Conducting business with intent to defraud creditors can result in personal liability for losses and criminal prosecution. Femi robustly defends against these serious allegations by:

Femi helps establish defences including:

Demonstrating legitimate business purposes for challenged transactions
Establishing absence of fraudulent intent through documentary evidence and witness testimony
Proving good faith commercial decision-making throughout periods of financial difficulty

Breach of Director Duties

Failing to act in good faith, promote company success, or exercise reasonable care and skill can result in personal liability claims. Femi protects you by:

Femi helps establish defences including:

Establishing your actions aligned with statutory duties given the circumstances and information available
Demonstrating reasonable reliance on professional advice
Proving your decisions reflected proper consideration of creditor interests during insolvency

Overdrawn Directors’ Loan Accounts

Liquidators routinely demand repayment of overdrawn director loan accounts, treating these as company assets available for creditors. Femi assists by:

Femi helps establish defences including:

Reviewing loan account histories and company records to verify claimed balances
Challenging incorrect calculations or unsubstantiated claims
Negotiating realistic repayment arrangements that consider your personal financial circumstances

Kate Lavender

“Femi quickly grasped my business challenge and sought creative but appropriate solutions, adjusting them as required to reflect changing needs. Femi is a real pleasure to work with combining deep industry knowledge and skill with genuine interest in solving a problem.”
Operational Alchemist Chief Executive Officer

Why Choose Femi Ogunshakin for Liquidator & Official Receiver Defence?

Deep Insolvency Law Expertise

As a qualified solicitor specialising in insolvency, litigation, and director duties, Femi understands precisely how liquidators and Official Receivers operate, what they investigate, and how to defend effectively against their claims.

Strategic, Commercially Realistic Defence

Femi combines legal expertise with commercial pragmatism, crafting defence strategies that protect your interests while maintaining credibility with insolvency practitioners and courts.

Proactive Protection

Early engagement with Femi allows proactive preparation of defences, gathering of evidence, and strategic positioning that significantly improves outcomes compared to reactive responses after claims are formalised.

Take Immediate Action

Time is crucial when insolvency threats arise. If you’re facing insolvency litigation or require emergency financial relief, contact Femi Ogunshakin now:

Your first consultation is entirely free, confidential, and without obligation—act immediately to secure your business’s future.

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