Winding-up Advice

[marscarsmaggie]

Posted this in the accounts section yesterday, but don't know if it should be in the legals or not?
Need a bit of urgent advice please!
Our old company has ceased trading due to insolvency, we have followed some great advice from the members of this forum so far, but need a little more help.
Recieved a notice of winding-up from Companies House, but our ex-accoutant has wrote to them to oppose the closure as the old company owe him about £1700 but it has no money or assets.
We want to pay him off by a payment plan as he is a local supplier that could cause us a bit of grief, but obviously we would have to do this out of our own pockets or from our new company and it is the old company that owe him this money - what do we do?
We would like to get back to our ex-accoutant asap if we could agree anything, then hopefully the winding-up would go through in the next 3 months as we don't want it to drag-out any longer than necessary.
Any advice folks?

 

[mahutchinson]

Legally, the debt is owed only by the old company and there is therefore no requirement for any other entity to pay it. If you want to keep in with the accountants and wish to personally pay the old company's debt then that is up to you. It would be harder to justify the new company paying the debt, as it has a duty to act in the best interests of its shareholders and the directors must run it with that in mind. How would paying this debt be in the interests of the newco shareholders ?