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ICO fined cold-call firm £350k – so directors put it into liquidation

Cynical Observer

Unfortunately - unless you rewrite huge swathes of company law, you will have a problem.

One of the primary concepts encapsulated in limited liability exists to ring fence the debts of a company. If it didn't, then you could go straight after the directors and their personal assets.

There are many independents who use limited companies in order to ring-fence their business away from the family home - that's perfectly legitimate and I for one wouldn't change it.

It might be possible to cross that divide - everything is possible with enough time and effort. Something to the effect that criminal fines can be retrieved from directors in the event of a liquidation. But that is the start of a very slippery slope and will produce howls of protest.

The ICO might be more successful if they tried placing the appropriate directing corporate officer on the hook for a custodial sentence - it would hold regardless of liquidation and might slow some of the buggers down.

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