A statutory offence under section 214 and section 246ZB of the Insolvency Act 1986. Once a director or shadow director of a company concludes (or should have concluded) that there is no reasonable prospect of the company avoiding an insolvent liquidation or insolvent administration, they have a duty to take every step that a reasonably diligent person would take to minimise potential loss to the company’s creditors. If, after the company has gone into insolvent administration or liquidation, it appears to the court that a director or shadow director has failed to comply with this duty, the court can order them to make such contribution to the company’s assets as it thinks proper.