False statements and failing to inform
False statements and failing to inform

The following Corporate Crime guidance note provides comprehensive and up to date legal information covering:

  • False statements and failing to inform
  • Proceedings for offences of false statements and failing to inform
  • The elements of the offence of material omissions in a statement
  • Material omission
  • Statement of affairs
  • Statutory defence to an offence of material omissions in a statement
  • Sentence for an offence of material omissions in a statement
  • Elements of the offence of false statements, failing to inform trustee
  • Sentence for an offence of false statements or failing to inform the trustee
  • Admissibility in evidence of statement of affairs

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 statements about a bankrupt person's affairs. It also creates an offence of failing to inform trustees about a false debt.

All the offences may be tried 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 each offence 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.

The elements of the offence of material omissions in a statement

A bankrupt person will commit an offence if they:

  1. make any material omission

  2. in t