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How To Find A ‘Safe Harbor’ When Creditors Are Circling?

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What Is The ‘Safe Harbor’ Act

  • The director is kept ‘informed’ of the company’s position (perhaps by keeping detailed minutes describing the position?)
  • The director keeps proper books of accounts and records available for inspection (a good accountant helps)
  • There is no misconduct by any officers or employees of the company (dismiss them to save the company)
  • The director is taking advice from qualified person (a good accountant is required)
  • A plan (in writing for proof) is being implemented.

Please Note: This is not legal advice and is intended as a general overview. You will always need advice tailored to your specific situation.


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