Labour under fire over liability

Labour under fire over liability

The government has been accused of abandoning the 150-year-old principle of limited liability in a 'draconian' move that could have profound implications for companies.

Link: Government to snub small businesses

Turnaround professionals and the Tories have accused Labour of imperilling the rule that owners of a limited company cannot be made to meet the debts where they exceed its assets.

According to the society of turnaround professionals (STP), the pension bill makes shareholders – such as parent companies and venture capital investors – liable to contribute over and above their share value to make good a pension fund deficit.

For directors, it could even mean the loss of all their own and their families’ personal assets, they warned.

John Harris, chief executive of the STP, said: ‘The liability can fall on a director, his spouse, or relations. It’s draconian in its interpretation.’

The STP said so-called moral hazard clauses, designed to prevent companies passing off pension liabilities onto the pension protection fund, would erode limited liability. ‘Such a course could fundamentally distort the working of the markets,’ it said.

The STP said companies will suffer a double whammy because of ‘very demanding’ rules in the bill for evaluating deficits, which have to appear on balance sheets under FRS17.

David Willetts, the shadow work and pensions secretary has said ‘abandoning’ limited liability will have ‘profound’ implications. But the government said only those trying to dodge obligations have anything to fear.

The row erupted just as Andrew Smith resigned as pensions secretary. Patricia Hewitt, one of those tipped to replace him, coincidentally made a statement on director and auditor liability this week. It was ‘essential’ that high-quality people be willing to become directors, she said.

Share

Subscribe to get your daily business insights

Resources & Whitepapers

Why Professional Services Firms Should Ditch Folders and Embrace Metadata
Professional Services

Why Professional Services Firms Should Ditch Folders and Embrace Metadata

3y

Why Professional Services Firms Should Ditch Folde...

In the past decade, the professional services industry has transformed significantly. Digital disruptions, increased competition, and changing market ...

View resource
2 Vital keys to Remaining Competitive for Professional Services Firms

2 Vital keys to Remaining Competitive for Professional Services Firms

3y

2 Vital keys to Remaining Competitive for Professi...

In recent months, professional services firms are facing more pressure than ever to deliver value to clients. Often, clients look at the firms own inf...

View resource
Turn Accounts Payable into a value-engine
Accounting Firms

Turn Accounts Payable into a value-engine

3y

Turn Accounts Payable into a value-engine

In a world of instant results and automated workloads, the potential for AP to drive insights and transform results is enormous. But, if you’re still ...

View resource
Digital Links: A guide to MTD in 2021
Making Tax Digital

Digital Links: A guide to MTD in 2021

3y

Digital Links: A guide to MTD in 2021

The first phase of Making Tax Digital (MTD) saw the requirement for the digital submission of the VAT Return using compliant software. That’s now behi...

View resource