Letter · Commercial & Corporate Advisory

Letter of advice to directors on duties and insolvent trading exposure

Answer-first letter advising directors of a company under financial pressure on their statutory duties, insolvent trading liability, the safe harbour and the immediate steps to protect themselves and creditors.

Kind
Letter. A letter or email you adapt and send.
Where it applies
Australia, New Zealand, United Kingdom (England and Wales), United States
AI use
Red Keep AI out of the decisive steps. A lawyer does the work.
Law stated as at
17 October 2026
Status
Maintained. Checked against the cited sources on 17 October 2026.
Version
1
Source
Written for this library

When to use it

Use when directors ask what their duties are while the company is under financial stress, or before a significant decision such as new borrowing. Do not send without the lawyer applying the company’s actual financial position. Solvency itself needs accounting input.

How AI may be used

Lawyer-led advice on personal liability. AI may help organise the file and check citations, but the lawyer settles every conclusion and applies it to the company’s position.

AI may

  • Build a dated chronology of the company’s financial position from board papers, management accounts and creditor correspondence, with file references
  • Check each statutory reference in the draft against the current compilation on the Federal Register of Legislation
  • Produce a list of facts the letter relies on that the file does not yet support

AI must not

  • Must not form or state a view on whether the company is solvent
  • Must not draft the conclusions or recommendations section without the lawyer’s settled advice
  • Must not process the company’s financial records in a tool not approved for confidential client information

The lawyer checks

  • Facts and assumptions match the documents and instructions, and the letter says which ones it relies on
  • Safe harbour preconditions (employee entitlements and tax lodgements) checked against evidence, not assumed
  • Advice is addressed to the right clients and conflicts between the company and individual directors are considered

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Read the full text

More in Commercial & Corporate Advisory

All precedents for Commercial & Corporate Advisory · Tasks and AI use in this area