Question
In March 2015, Erum and Bano incorporated a company (Shoes in the City Ltd) that specialized in selling ladies' footwear. Erum and Bano were the
In March 2015, Erum and Bano incorporated a company (Shoes in the City Ltd) that
specialized in selling ladies' footwear. Erum and Bano were the company's only members and
each owned 100 1 shares. Erum and Bano were the company's only directors.
The company began to experience financial difficulties. In September 2018, the company's
overdraft with the Green Bank pvt had reached its limit of 250,000. In return for increasing
the overdraft limit to 300,000,the Green Bank pvt demanded security and took a floating
charge over all the company's assets. The business continued to struggle and, in January 2019,
Erum and Bano were informed by the company's auditor that insolvent liquidation was
inevitable, although Erum and Bano disagreed and held out hope that the company's financial
prospects would improve. Erum and Bano decided to try and trade their way out of their
financial difficulties by having a sale. Unfortunately, the sale failed to increase business and in
March 2019, Shoes in the City was wound up. By this time, the company's overdraft with
Green Bank amounted to 290,000.
Allah Bakhsh has been appointed liquidator and has discovered several disturbing facts: (i) in
August 2018, Erum and Bano caused the company to repay an unsecured loan of 5,000, which
Bano had made to the company some months before; (ii) in addition to the money owed to
Green Bank, the company owes 10,000 to the Inland Revenue, 30,000 to employees in
wages, and 100,000 to unsecured creditors. Bakhsh estimates that the total remaining assets
of Shoes in the City amount to 150,000. Bakhsh's expenses in acting as liquidator amount to
3,000. Advise Bakhsh.
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