Inquiry into a company's dealings (including by way of private examination) under section 236 of the Insolvency Act 1986
Produced in partnership with Roger Laville of Five Paper

The following Restructuring & Insolvency practice note produced in partnership with Roger Laville of Five Paper provides comprehensive and up to date legal information covering:

  • Inquiry into a company's dealings (including by way of private examination) under section 236 of the Insolvency Act 1986
  • Information about the company’s affairs
  • The duties of the directors and other parties to co-operate with the office-holder
  • Applications under IA 1986, s 234
  • Applications under IA 1986, s 236
  • The test for making an order under IA 1986, s 236
  • Procedure—before the application is made
  • Procedure—the application
  • Procedure—responding to the application
  • Procedure—the order
  • More...

Inquiry into a company's dealings (including by way of private examination) under section 236 of the Insolvency Act 1986

Information about the company’s affairs

In order to protect, realise and distribute a company’s estate, the liquidator, provisional liquidator, administrative receiver or administrator (office-holder) must obtain information about the company’s assets and liabilities. This includes:

  1. information about the company’s property itself, together with information to enable the office-holder to claim or preserve that property

  2. information about the company’s dealings with others

The information might be in documentary form, or in the knowledge of all or some of the company’s directors, employees or others.

The law recognises that only limited information is initially available to the office-holder and that those in possession of relevant information might not cooperate with the office-holder. The Insolvency Act 1986 (IA 1986) therefore imposes duties on the directors and other parties to cooperate with the office-holder and provides mechanisms enabling the office-holder to obtain the assistance of the court in obtaining records and information.

The duties of the directors and other parties to co-operate with the office-holder

The IA 1986 imposes the following duties:

  1. the liquidator in a compulsory liquidation, or an administrator, must take into their custody or control all property to which the company is or appears to be entitled (IA 1986, s 144 and IA 1986, Sch B1, para 67). This includes documents and

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