
131. Ignore It Until You Can't
Every director has heard of insolvent trading. Almost none of them can tell you what their actual duties are. James Flaherty asks Chris Baskerville what insolvent trading really is, and the answer is lower than most people think: the test is suspicion, not knowledge. Chris explains why there is no such thing as a silent director, and the three types the law recognises: the director on ASIC’s record, the de facto director, and the shadow director, who could be a lender simply telling the board how to run things. Then the part every director should hear before the letter arrives. Chris walks through what a liquidator’s demand looks like, the three ways a director can respond, and what happens to the assertion if you ignore it. He also admits he could easily sue 90% of the directors who come through his liquidations, and explains the one thing that stops most claims in their tracks.





