Insolvency offences

Insolvency offences guidance:

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...

Practice Note

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...

Practice Note

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...

Practice Note

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...

Practice Note

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...

Practice Note

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...

Practice Note

Company investigation by the official receiver The Insolvency Service investigates companies which have entered into formal insolvency proceedings, administration,...

Practice Note

Offence of material omissions from statement relating to company's affairs It is an offence for any present or past officer of a company which is being wound up either by...

Practice Note

Offence of misconduct in the course of winding up Under section 208(1) of the Insolvency Act 1986 (IA 1986), a criminal offence may be committed in various circumstances...

Practice Note

Offence of re-using company name without permission The restrictions on re-using a company name under section 216 of the Insolvency Act 1986 (IA 1986) applies to...

Practice Note

Offence of making transactions in fraud of creditors Any present or past officer of a company which is ordered to be wound up by the court or which passes a resolution...

Practice Note

What is wrongful trading? Wrongful trading is a claim which arises under sections 214 (liquidation) and 246ZB (administration) of the Insolvency Act 1986 (IA 1986) and...

Practice Note
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