The following Corporate Crime guidance note Produced in partnership with Cameron Brown of 9–12 Bell Yard provides comprehensive and up to date legal information covering:
The purpose of the offences is to punish bankrupts who have been directly or indirectly involved in the formation, promotion or running of companies.
It is an offence for a person to act as a director of a company or directly or indirectly to take part in or be concerned in the promotion, formation or management of a company, without the leave of the court, at a time when they are an undischarged bankrupt or there is a bankruptcy restrictions order in force.
The offences under section 11 are triable in the Crown or Magistrates Court (‘triable either way’).
A company includes a company incorporated outside the United Kingdom but where it has an established place of business in the United Kingdom
The offence covers the situation where an individual is acting as a shadow director. Promotion and/or management of a company is a question of fact and will often be proved by way of witness evidence from other directors, employees or creditors.
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