If:

(a)

a court finds a person guilty of an offence under subsection 588G(3) in relation to the incurring of a debt by a company; and

(b)

the court is satisfied that:

(i)

the debt is wholly or partly unsecured; and

(ii)

the person to whom the debt is owed has suffered loss or damage in relation to the debt because of the company's insolvency;