Insolvency offences and Companies Act offences

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Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects impacted by the Coronavirus Act 2020 (CA 2020). CA 2020, among other...
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Produced in partnership with 25 Bedford Row 12th Jan
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance impacted by the Scottish government’s response to the COVID-19 outbreak. For information...
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Produced in partnership with Craig Findlater of Black Chambers and Stephen O'Rourke QC of Terra Firma Chambers 12th Jan
Practice notes
What is compensation?A compensation order is defined in the Powers of Criminal Courts (Sentencing) Act 2000 (PCC(S)A 2000), to mean an order which...
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9th Nov
Practice notes
What is a boiler room fraud?Boiler rooms are the names ascribed to high pressure sales environments. The idea is that the sales environment creates...
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9th Nov
Practice notes
Coronavirus (COVID-19): This Checklist contains guidance impacted by the coronavirus pandemic. The Coronavirus Act 2020 (CA 2020) among other...
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9th Nov
Practice notes
Discretionary life sentencesA discretionary life sentence is a life sentence given to an offender in respect of an offence for which life imprisonment...
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9th Nov
Practice notes
This Practice Note provides a summary of key corporate manslaughter prosecutions and convictions under section 1 of the Corporate Manslaughter and...
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9th Nov
Practice notes
What is a remedial action notice?A remedial action notice is used by enforcement authorities such as the Food Standards Agency (FSA) or a local...
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9th Nov
Practice notes
The offence of threats to killThe offence of threats to kill is an offence which can be tried in the magistrates' court or the Crown Court. The...
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9th Nov
Practice notes
The power of the court to order the forfeiture of property under the PCC(S)A 2000The Powers of Criminal Courts (Sentencing) Act 2000 is the principal...
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9th Nov
Practice notes
Changes under CFA 2017The Criminal Finances Act 2017 (CFA 2017) received Royal Assent on 27 April 2017 and made various changes to Part 5 of the...
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9th Nov
Practice notes
What are hygiene improvement notices?Hygiene improvement notices are used by enforcement authorities such as the Food Standards Agency (FSA) or a...
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9th Nov
Practice notes
A challenge to a decision of the lower courts can be brought in various ways, including by way of appeal, judicial review or an appeal by case stated....
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9th Nov
Practice notes
This Practice Note explains the right of defendants who have been convicted in criminal proceedings to appeal against their convictions in the...
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Produced in partnership with Doughty Street Chambers 12th Jan
Practice notes
Application to dismissUnder paragraph 2(1) of Schedule 3 to the Crime and Disorder Act 1998 (CDA 1998), the defendant may (after the date when he is...
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9th Nov
Practice notes
The ‘handling’ offenceHandling stolen goods is an offence that is triable either way.The elements of the offence are:•dishonestly receiving the goods,...
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9th Nov

Most recent Insolvency offences and Companies Act offences content

Practice notes
ARCHIVED: This Practice Note is archived and is not maintained.The implementation of the Legal Aid, Sentencing and Punishment of Offenders Act 2012...
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9th Apr
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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Produced in partnership with Joanna Dimmock, Tom Hickey and Fred Kelly of White & Case LLP 9th Apr
Practice notes
This Practice Note is concerned with one of the three criminal offences created under section 52 of the Criminal Justice Act 1993 (CJA 1993), that is...
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9th Apr
Practice notes
Fraudulent disposal of propertyA bankrupt commits an offence if they make, or cause to be made, at any time after the date five years prior to the...
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9th Apr
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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Produced in partnership with Micheal Murphy and Amelia Clegg of 23 Essex Street Chambers 9th Apr
Practice notes
Offence of making transactions in fraud of creditorsAny present or past officer of a company which is ordered to be wound up by the court or which...
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Produced in partnership with Micheal Murphy and Amelia Clegg of 23 Essex Street Chambers 9th Apr
Practice notes
Statutory responsibilities of directorsDirectors have statutory responsibilities for ensuring compliance with the following requirements:•keeping and...
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9th Apr
Practice notes
Preliminary stepsBefore any action is taken it is important to consider:•what is the event which has created the suspicion of fraud in the...
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9th Apr
Practice notes
False accountingA person who falsifies or conceals information required for an accounting purpose, knowing that the information is misleading, may...
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9th Apr
Practice notes
Obtaining credit—engaging in businessA bankrupt is guilty of an offence if:•either alone, or jointly with another person, they obtain credit at or...
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9th Apr
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
Read More >
9th Apr
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
Read More >
Produced in partnership with Micheal Murphy and Amelia Clegg of 23 Essex Street Chambers 9th Apr
Practice notes
Offence of material omissions from statement relating to company's affairsIt is an offence for any present or past officer of a company which is being...
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Produced in partnership with Micheal Murphy and Amelia Clegg of 23 Essex Street Chambers 9th Apr
Practice notes
Offence of failure to deliver up property to, or concealing property from official receiver or trusteeA bankrupt commits an offence if they: •fail to...
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9th Apr
Practice notes
Fraudulent tradingFraudulent trading is an offence prohibited by section 993 of the Companies Act 2006 (CA 2006). This offence is charged for offences...
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9th Apr
Practice notes
Under the Insolvency Act 1986 (IA 1986) it is a criminal offence for a company director to make a statutory declaration of a company's solvency...
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Produced in partnership with Micheal Murphy and Amelia Clegg of 23 Essex Street Chambers 9th Apr
Practice notes
False representation or fraud for purposes of obtaining creditors' approval The Insolvency Act 1986 (IA 1986) creates a specific offence relating to...
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9th Apr
Practice notes
Providing false statement to an auditorThe Director of a company must produce a report each financial year, unless the company is subject to the small...
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9th Apr
Practice notes
Duty to keep accounting recordsEvery company has a duty to keep adequate accounting records. The purpose of this duty is to ensure businesses record...
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9th Apr
Practice notes
Failure to submit a statement of affairsIt is an offence for a bankrupt to fail to make accurate disclosure in a statement of affairs as required...
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Produced in partnership with Cameron Brown of 9–12 Bell Yard 9th Apr

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