Insolvency offences and Companies Act offences

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Practice notes
Possession of a bladed articleThe offence of possession of a bladed articleThe offence of having a bladed article in a public place can be tried in...
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19th May
Practice notes
Procedure during a Crown Court trial—arraignment, trial requirements and evidenceCoronavirus (COVID-19): This Practice Note contains guidance impacted...
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Produced in partnership with Leon Kazakos QC of 2 Hare Court 19th May
Practice notes
Single justice procedureThe introduction of trial by a single justice was a response to a belief, on the part of the government, that the use of two...
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Produced in partnership with Quinton Newcomb of Fulcrum Chambers 19th May
Practice notes
Aggravated vehicle-takingThe offence of aggravated vehicle-takingA person is guilty of aggravated vehicle taking if:•they take a conveyance without...
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19th May
Practice notes
Exclusion of unfair evidence in criminal proceedingsThe test for exclusion under PACE 1984, s 78An accused has no entitlement to have evidence...
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Produced in partnership with Hannah Thomas of 2 Hare Court 19th May
Practice notes
Production orders under the Proceeds of Crime Act 2002Production ordersThe purpose of a production order is to obtain material relating to a known...
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19th May
Practice notes
Disclosure in the magistrates’ courtInitial details of the prosecution case (IDPC)The requirements for service and contents of the initial details of...
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Produced in partnership with David McNeill of 5 St Andrew's Hill and Hannah Thomas of 2 Hare Court 19th May
Practice notes
Stages of a summary trialCoronavirus (COVID-19): This Checklist contains guidance impacted by the coronavirus pandemic. The Coronavirus Act 2020 (CA...
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19th May
Practice notes
Applications for the return of property seized during criminal investigationsAny informal request or formal application for the return of property...
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19th May
Practice notes
Defence disclosure in criminal proceedings—defence statements and defence witness noticesThe Criminal Procedure and Investigations Act 1996 (CPIA...
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Produced in partnership with Hannah Thomas of 2 Hare Court and David McNeill of 5 St Andrew's Hill 19th May
Practice notes
Privilege against self-incriminationBackgroundThe concept of privilege against self-incrimination, which is commonly referred to as one distinct...
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Produced in partnership with Aine Kervick and Will Hayes of Kingsley Napley LLP 19th May
Practice notes
Controlling or coercive behaviour offencesWhat is domestic abuse?There is no statutory offence of domestic violence or domestic abuse, however, it...
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19th May
Practice notes
Sexual harm prevention ordersSTOP PRESS: All offenders convicted on or after 1 December 2020 must be sentenced under the provisions of the Sentencing...
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Produced in partnership with Monica Stevenson of 25 Bedford Row 19th May
Practice notes
Disclosure of evidence in Scottish criminal proceedingsCoronavirus (COVID-19): Scottish criminal procedure has been impacted by the COVID-19 pandemic....
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Produced in partnership with Kevin Henry of Optimum Advocates and Stephen O’Rourke QC of Terra Firma Chambers 19th May
Practice notes
Mitigation in the sentencing of criminal offencesOnce a defendant has been convicted of a criminal offence by a criminal court in England and Wales,...
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19th May
Practice notes
Solemn procedure in Scottish criminal proceedingsCoronavirus (COVID-19): Scottish criminal procedure has been impacted by the COVID-19 pandemic....
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Produced in partnership with Craig Findlater of Black Chambers and Stephen O'Rourke QC of Terra Firma Chambers 19th May

Most recent Insolvency offences and Companies Act offences content

Practice notes
Wrongful trading claims under sections 214 and 246ZB of the Insolvency Act 1986What is wrongful trading?Wrongful trading is a claim which arises under...
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28th Jul
Practice notes
Corporate Insolvency and Governance Act 2020—temporary changes to the wrongful trading regime [Archived]What is the background to the temporary...
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28th Jul
Q&As
Does a bankrupt commit a criminal offence if they do not disclose to their trustee in bankruptcy any new or increased income?A bankrupt is subject to...
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27th Jul
Q&As
What action can be brought under section 389 of the Companies Act 2006? Also, how can a director enforce their common law right to access company...
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23rd Jul
Practice notes
Internal company fraud investigationsPreliminary stepsBefore any action is taken it is important to consider:•what is the event which has created the...
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21st Jul
Practice notes
Privilege—joint and common interest privilegeThis Practice Note considers the concepts of joint privilege (being joint retainer or joint interest...
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8th Jul
Practice notes
Insider dealing—a quick guideFORTHCOMING CHANGE: Section 31(1) of the Financial Services Act 2021 (FSA 2021) increases the maximum sentence for...
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Produced in partnership with Joanna Dimmock, Tom Hickey and Fred Kelly of White & Case LLP 5th Jul
Practice notes
Concealment or falsification of books and papersProceedings for offences of concealment or falsification of books and papersThe Insolvency Act 1984...
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5th Jul
Practice notes
Asset strippingWhat is asset stripping?Asset stripping involves taking company funds or assets while leaving behind the debts. Sometimes directors...
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Produced in partnership with Micheal Murphy and Amelia Clegg of 23 Essex Street Chambers 28th Jun
Practice notes
Falsification of company booksFalsification of company books under the Insolvency Act 1986A company is insolvent where it cannot pay its debts when...
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Produced in partnership with Micheal Murphy and Amelia Clegg of 23 Essex Street Chambers 21st Jun
Practice notes
Insolvency Service criminal prosecutionsThe Insolvency Service Legal Services Directorate (LSD) is the lead criminal enforcement agency for insolvency...
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9th Jun
Practice notes
Company investigationsCompany investigations under section 432 of the Companies Act 1985Companies are regulated by the Department of Business, Energy...
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9th Jun
Practice notes
Insider dealingFORTHCOMING CHANGE: Section 31(1) of the Financial Services Act 2021 (FSA 2021) increases the maximum sentence for insider dealing...
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Produced in partnership with Joanna Dimmock, Tom Hickey and Fred Kelly of White & Case LLP 9th Jun
Practice notes
Fraudulent disposal of propertyFraudulent disposal of propertyA bankrupt commits an offence if they make, or cause to be made, at any time after the...
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7th Jun
Practice notes
Failure to deliver up property, concealment of criminal property and failure to account for lossesOffence of failure to deliver up property to, or...
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7th Jun
Practice notes
Obtaining credit without disclosure of statusObtaining credit—engaging in businessA bankrupt is guilty of an offence if:•either alone, or jointly with...
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7th Jun
Practice notes
Fraudulent dealing with property obtained on credit and receiving property from a bankruptDealing with property on creditA bankrupt is guilty of an...
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7th Jun
Practice notes
Insolvency investigationsCompany investigation by the official receiverThe Insolvency Service investigates companies which have entered into formal...
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Produced in partnership with Micheal Murphy and Amelia Clegg of 23 Essex Street Chambers 7th Jun
Q&As
A company has submitted dormant accounts despite continuing to trade, and now has judgment against it in relation to unpaid debts. Has it committed an...
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5th Jun
Practice notes
Privilege, money laundering and terrorist financingThis Practice Note reflects draft Legal Sector Affinity Group (LSAG) AML guidance, published on 20...
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5th Jun

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