The following Corporate Crime guidance note provides comprehensive and up to date legal information covering:
The Insolvency Act 1984 (IA 1984) creates three specific offences relating to the concealment or falsification of records about the affairs or estate of a person who is bankrupt.
failing deliver up books, papers and records
concealing, destroying, books, papers, or records and falsification, and
disposing, altering books, papers or records
All three offences are triable in the magistrates' court or the Crown Court.
For each offence, the burden is on the prosecution to prove that the defendant was 'bankrupt person' at the relevant time.
Proceedings for an offence charged under the IA 1986, s 355 can only be instituted by the Secretary of State or by, or with the consent of, the Director of Public Prosecutions.
Proceedings cannot be instituted after a bankruptcy order has been annulled and the bankrupt has been restored to his re-bankruptcy status.
Prior to annulment there is nothing to prevent the institution of proceedings.
The IA 1986 expressly provides that a bankrupt is not guilty of an offence in respect of any thing done after the discharge of the bankruptcy order.
A bankrupt person will commit the offence under the IA 1986, s 355(1) if they:
fails to deliver to the
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234