tag:blogger.com,1999:blog-1294928770519722820.post2007881524254388022..comments2024-03-08T14:35:24.649+00:00Comments on The Justice of the Peace Blog: CHOOSE FROM LICENSING ACT s.146/THEFT ACT s.2 OR DEAD COMPANY BUT LIVE DIRECTORSThe Justice of the Peacehttp://www.blogger.com/profile/05795957459681808206noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-1294928770519722820.post-83428052933476840162014-09-04T15:51:29.532+01:002014-09-04T15:51:29.532+01:00My experience is that a deceased's estate is n...My experience is that a deceased's estate is not normally pursued (even for unpaid fines). It may be possible but is it worth the effort. I would hazard a guess that in this case the beneficiaries of the company's winding up were the directors in any case. It is possible through the Companies Act to pursue persons who improperly wound up a company, which might include the directors if they didn't alert the Crown during the winding up process. My experience is, so long as someone cops for it - the Crown have (probably rightly) better things to do with their time than investigate every angle to maximise the number of guilty parties.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1294928770519722820.post-48011040627298208302014-09-04T15:36:57.613+01:002014-09-04T15:36:57.613+01:00"Just a hint" ....... Of course I apprec..."Just a hint" ....... Of course I appreciate your comment. Death does not end all. A deceased`s estate can be pursued. In the case quoted we got a distinct flavour of the company`s demise being not unconnected with the impending case. I would hazard the opinion that if the will (no pun intended) were there legislation could be provided for the purpose of seeking just rewards for corporate malpractice in a defunct business. The Justice of the Peacehttps://www.blogger.com/profile/05795957459681808206noreply@blogger.comtag:blogger.com,1999:blog-1294928770519722820.post-58635398097529363672014-09-04T13:47:34.383+01:002014-09-04T13:47:34.383+01:00"To mere layman there is just a hint of illog..."To mere layman there is just a hint of illogicality insofar as a dead company cannot be charged but the former directors can be."<br /><br />I'm not sure it is that illogical. Lets consider the company to be just like another person but who's mind is controlled by the other people - perhaps like a rich elderly relative being advised what to do by its children. It makes sense to pursue the company because often it has the most significant assets, but if the directors are the controlling mind then they should be punished directly too. If the company is "dead" however then it can not be pursued - that doesn't mean those who controlled it when it was alive did no wrong (indeed they may well have benefitted out of its demise).<br /><br />It would be illogical that an entity which no longer existed was able to be prosecuted.<br />It would be illogical that the directors of a company could avoid prosecution simply by winding up the company.Anonymousnoreply@blogger.com