Company Act offences

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Company investigations

The Insolvency Service Legal Services Directorate is the lead criminal enforcement agency for insolvency related fraud and corporate misconduct. It is the prosecuting authority for breaches of insolvency and company law referred to them by other teams within the Insolvency Service, by Companies House and other agencies. They also deal with miscellaneous criminal matters arising within the Department of Business and Trade. The Insolvency Service has oversight of the full range of investigation and enforcement action that is being pursued.

The Secretary of State may appoint investigators under sections 431 and 432 of the Companies Act 1985 (CA 1985). The investigation will conclude with a report which may or may not be made public.

In addition under CA 1985, s 447 investigators may be authorised to require a company to provide documentation to assist an investigation and to require certain persons to answer questions relating to their contents. Failure to comply with a request for assistance without reasonable excuse may constitute a contempt of court.

See Practice Note: Insolvency Service criminal prosecutions which explains the scope and powers of LSD in combatting fraud

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