Bankrupt company - domain listed as owneed under personal name of MD - who owns it?

[CInames]

hi, trying to help a friend - his UK registered company of 20 years has gone into receivership - the domain name (.com) is quite valuable and looking at historical whois has always been owned under his personal name - though he says he may have used his company credit card at various times to pay for the renewal costs.... I would say that the domain is his to do with as he pleases though the receivers will obviously have a different idea... is there any UK case law examples or legal precedent on this? thanks for your help

 

[Jiblob]

Please let us know the domain so that we can get in on the action.

 

[m4c]

Is the business still functioning / are the receivers going to administer client services or handle ongoing revenue?
Or has trading ceased and the receiver is looking at the value of assets to sell off?

If the receiver is aware of the domain and it’s potential value, they may well make a claim on it, so it’s likely to be up to your friend to prove otherwise…
Was the name registered before the company was set up?
Did they use their own funds to either buy it, or pay for the initial registration?
If there’s no loan agreement from them to the company, and / or no lease fee has been paid to them, it’s going to be a challenge to prove personal ownership…

 

[philiporchard]

Yes, I would say that if it isn't listed s an asset by the company then it is his.

He might have been loaning the use of it to the company but if he paid for it originally and it was never bought by the company from him then definitely his.

Well, that's what I would assume anyway.

 

[Ryan Ewen]

Any payments that have been connected to his company (renewals or otherwise) means it is owned by the company