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    PracticeACCAACCA LW — Corporate and Business Law Practice Exam 2Question 60
    Hard2 marksMultiple Choice
    Insolvency lawSection BSyllabus GCorporate and Business Law

    ACCA · Question 60 · Insolvency law

    Scenario: 'GeoThermal Grid Ltd' is facing severe financial difficulties. The directors realize the company cannot avoid insolvent liquidation, but they continue trading for six months, incurring £500,000 in new debts. Just before liquidation, they repay a £50,000 loan to the Managing Director's brother, while ignoring other creditors.

    Question: What is the relevant 'look-back' time period for the liquidator to challenge the preference payment made to the Managing Director's brother?

    Answer options:

    A.

    6 months prior to the onset of insolvency.

    B.

    1 year prior to the onset of insolvency.

    C.

    2 years prior to the onset of insolvency.

    D.

    5 years prior to the onset of insolvency.

    How to approach this question

    Identify that the brother is a 'connected person' to the company. Recall that the preference time limit is extended for connected persons.

    Full Answer

    C.2 years prior to the onset of insolvency.✓ Correct
    Under the Insolvency Act 1986, the relevant time period for challenging a preference is normally 6 months prior to the onset of insolvency. However, if the preference is given to a 'connected person' (such as a director's relative), the time period is extended to 2 years. Furthermore, the desire to prefer is presumed in the case of connected persons.

    Common mistakes

    Applying the standard 6-month rule, forgetting that the recipient is a connected person which triggers the 2-year rule.
    Question 59All questions

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