During our practice we have served versatile consulting to foundations, public funds, corporations and individual investors.
In the press and in the Internet there are offers of sales of companies with debts. It follows that it is enough to sell the company and change the composition of the management Board and members of the previous Board was free from debt, particularly social insurance debt.
This is a typical fraud. In accordance with the rules of commercial law societies, a firm is responsible for all obligations of their property.
If, however, the recovery from the assets of the company is inefficient, then for the debts bear joint and several liability the members of the Board. Fraudsters assume that the responsibility will fall on the new Board. It's not true. Board members are solely responsible for the debts of contributions that arose because of their powers. The termination of cooperation with company doesn't change anything – underlines Dariusz Manko, Deputy Director of the Department of social insurance revenues in Lublin.
We must remember that longer debt payment of contributions will lead to higher cost, that you will need to pay.
There are better ways to bring the company out of a difficult financial situation. In the case of debts to ZUS you can apply to the Institution on the distribution of debt in installments.
But when the company is unable to pay debts, the authorities should be mindful of the obligation to apply to the court at the right time of the bankruptcy petition.