Misfeasance, in the context that we are referring to here, is any perceived wrongdoing by the Director of a Company, as defined by the Companies Act and the 1986 Insolvency Act. These acts specify that Directors of a Company must not:

  • Misapply Company money
  • Misapply or retain Company property
  • Breach any duty of trust when dealing with Company money or property
  • This is referred to in Section 212 of the 1986 Insolvency Act which addresses the question of misfeasance and indeed makes a Director personally liable to pay back to the Company the amount of the loss caused by any misfeasance to the extent that the Court orders.

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