What are the challenges in prosecuting individuals involved in phoenixing?
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what is phoenixing a company
- How can the use of complex financial instruments in phoenixing schemes be better understood and regulated?
- How can the potential for the misuse of company voluntary arrangements (CVAs) and other forms of corporate rescue to facilitate a pre-packaged transfer of assets
- How can the potential for the misuse of intellectual property and other intangible assets in phoenixing schemes be better understood and addressed?
- What are the potential benefits of a more proactive approach to engaging with the judiciary to raise awareness about the challenges of identifying and prosecuting phoenixing cases?
- How can the ethical responsibilities of lawyers and other legal professionals be reinforced in relation to phoenixing?
- What are the potential benefits of a more coordinated approach between government agencies and bodies responsible for regulating the use of credit and debit cards in business transactions to address the potential for these systems to be used to facilitate phoenixing?
- How does phoenixing affect employees?
- What are the ethical obligations of business advisors regarding phoenixing?
- How can the development of more effective tools for identifying and tracking the movement of intangible assets, such as goodwill and customer relationships, in the period leading up to insolvency help to uncover evidence of phoenixing involving the transfer of business value without proper consideration?
- What are the potential impacts of increased transparency in the disclosure of information about the employment history and qualifications of directors on the ability to assess their suitability to run a new company following the failure of a previous one?
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