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单词 fraudulent preference
释义

fraudulent preference

fraudulent preference Putting a creditor of a company into a better position than he would have been in, at a time when the company was unable to pay its debts. If this occurs because of an act of the company within six months of winding-up (or two years if the preference is given to a person connected with the company), an application to the court may be made to cancel the transaction. The court may make any order that it thinks fit, but no order may prejudice the rights of a third party who has acquired property for value without notice of the preference.

fraudulent trading Carrying on business with intent to defraud creditors or for any other fraudulent purpose. This includes accepting money from customers when the company is unable to pay its debts and cannot meet its obligations under the contract. Such conduct is a criminal offence. The liquidator of a company may apply to the court for an order against any person who has been a party to fraudulent trading to make such contributions to the assets of the company as the court thinks fit. ‘Fraudulent’ in this context implies actual dishonesty or real moral blame. Comparewrongful trading.

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更新时间:2025/1/22 19:39:35