Question
1. Three years ago Al, a wealthy well-known retired accountant, agreed to become a director of his son's company, Crash Ltd (Crash). Ben, Al's son,
1. Three years ago Al, a wealthy well-known retired accountant, agreed to become a director of his son's company, Crash Ltd ("Crash"). Ben, Al's son, incorporated Crash in April 2010. Ben told Al that his directorship would give Crash increased credibility. Al never actually took part in the day to day management of the company but occasionally attended board meetings. Al has now learned that Crash is insolvent. Ben has confessed to Al that he had deliberately hidden the fact that Crash has been insolvent (by falsifying the accounts) and had carried on trading for the last 18 months, in which time Crash's debts increased from 50,000 to 300,000.
Required: Advise Al and Ben as regards any potential liability they might face in relation to either fraudulent trading or wrongful trading under the provisions of the Insolvency Act 1986.
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