Proceedings for offences of absconding and fraudulent dealings with property The Insolvency Act 1986 (IA 1986) creates specific offences relating to property and an...
What is asset stripping? Asset stripping involves taking company funds or assets while leaving behind the debts. Sometimes directors then transfer only the assets of a...
Bankruptcy restrictions Following an order for bankruptcy, the bankrupt person is prohibited form a number activities for a period of 12 months while the order is in...
Company investigations under section 432 of the Companies Act 1985 Companies are regulated by the Department of Business, Energy and Industrial Strategy (BEIS) to protect...
Proceedings for offences of concealment or falsification of books and papers The Insolvency Act 1984 (IA 1984) creates three specific offences relating to the concealment...
This Practice Note is concerned with one of the three criminal offences created under section 52 of the Criminal Justice Act 1993, that is encouraging another person to...
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 encouraging another...
Statutory responsibilities of directors Directors have statutory responsibilities for ensuring compliance with the following requirements: • keeping and maintaining...
The implementation of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012), which came into force on 1 October 2012, brought radical changes to the...
Tax liability Companies resident in the United Kingdom are chargeable to corporation tax calculated on the basis of the company's annual profits. The company is liable...
Offence of failure to deliver up property to, or concealing property from official receiver or trustee A bankrupt commits an offence if they: • fail to deliver up any...
STOP PRESS: The Sentencing Council has published offence specific guidelines for courts sentencing offences previously covered by a Definitive Guideline....
False accounting A person who falsifies or conceals information required for an accounting purpose, knowing that the information is misleading, may commit an offence of...
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 without reasonable...
Under the Insolvency Act 1986 (IA 1986), it is a criminal offence for an officer of a company, past or present, to make false representations or commit fraud to obtain...
The Insolvency Act 1986 (IA 1986) creates a specific offence relating to fraud for the purposes of obtaining approval for a company voluntary arrangement (CVA). The...
Proceedings for offences of false statements and failing to inform The Insolvency Act 1986 (IA 1986) creates a number of offences relating to material omissions and false...
Falsification of company books under the Insolvency Act 1986 A company is insolvent where it cannot pay its debts when they are due or its liabilities exceed the value of...
False representation or fraud for purposes of obtaining creditors' approval The Insolvency Act 1986 (IA 1986) creates a specific offence relating to fraud for the...
Dealing with property on credit A bankrupt is guilty of an offence if, in the 12 months before the petition, or in the initial period, they disposed of any property which...
Fraudulent disposal of property A bankrupt commits an offence if they make, or cause to be made, at any time after the date five years prior to the commencement of the...
Fraudulent trading Fraudulent trading is an offence prohibited by section 993 of the Companies Act 2006 (CA 2006). This offence is charged for offences committed on or...
Insider dealing—the criminal offence Insider dealing is the use of sensitive or privileged information that has not yet been released to the public in order to take...
The law relating to insider dealing is contained in Part V of the Criminal Justice Act 1993 (CJA 1993). The offences contained in CJA 1993 are criminal offences and exist...
Company investigation by the official receiver The Insolvency Service investigates companies which have entered into formal insolvency proceedings, administration,...
On 1 January 2017, the Department for Business, Energy and Industrial Strategy’s (BEIS) Criminal Enforcement Team transferred to the Insolvency Service. The Insolvency...