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ARTICLE · 10 JULY 2023

How debt liability translates across different business structures

Every company, director, partner, sole trader or trustee must understand their liability for debts thoroughly.

AustraliaInsolvency/Bankruptcy/Re-Structuring

And how formal insolvency appointments fit in.

As the landscape of business and commerce continues to evolve, one significant area of discussion concerns the crossover of liability for debts between various business structures and people's roles. How these intersect is crucial for every person in business.

So, let's highlight the differences in these roles.

Company structure

A company is a separate legal entity that has its own rights and responsibilities; with a person appointed as its director to guide the company's operations and decisions.

One of the core reasons people in business opt for a company structure is the concept of limited liability. In this case, the company becomes liable for its own debts-if a company incurs debt, it's typically the company, not the directors or shareholders, that's legally bound to repay it. This structure offers a protective shield to the individuals behind the company.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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