What does fraudulent trading involve?

Fraudulent trading specifically refers to the act of operating a business with the intent to deceive or defraud creditors. This typically occurs when a company continues to trade while knowing that it is insolvent, meaning it cannot pay its debts. The goal in such cases is often to avoid personal liability for debts, mislead investors or creditors, and improperly benefit from the business operations.

On the other hand, carrying on business to benefit creditors represents a responsible business practice intended to enhance value for stakeholders, which aligns with ethical management rather than fraudulent behavior. Developing strategies for growth focuses on legitimate and constructive business development and has no connection with deceitful practices. Similarly, engaging in legal business practices refers to operating within the law, which stands in contrast to the essence of fraudulent trading, where unlawful intent is prevalent. Thus, the definitive element of fraudulent trading lies in the intent to defraud creditors, distinguishing it from other legitimate business activities.