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Preferences

Preferences can include any payments made by the insolvent company to any parties by the directors who they a "desire to prefer".

Examples could include:

  • Payments to related parties
  • Payments to directors
  • Payments to creditors who are secured by a personal guarantee signed by a director
  • Payments to creditors where their services are needed in any re-start company of the director.

The Liquidator has powers to recover these preference payments through the Courts.

The time periods for reviewing such preferences are: ·

  • 2 years prior to the creditors meeting in relation to transactions with parties connected to the company ·

  • 6 months prior to the creditors meeting in relation to any other transactions.