Insolvency Act Offences

The specialist fraud team at EBR Attridge are commercially aware of legal matters effecting both directors and companies. 

We are therefore able to provide service and advice tailored to deal with the intervention of professional bodies in furtherance of breaches of any of the acts.

On the construction and application of various Sections of the Insolvency Act 1986 it clearly affects the Directors of a Company which have gone into Insolvent Liquidation the result of which Directors are subject to liabilities.  The Provisions extend beyond the particular abuses of the privilege of Limited Liability at which they were directed.  The provisions are another example of a limited, though significant, departure from the general principles of Corporate Law that a company is a legal entity separate and distinct from its Directors and Members, so that only the company is liable for debts and the creditors of the company do not have the right of recourse to the assets of the Directors and Members for payment of the Company’s debts.

We offer advice on Insolvency Act offences which include:

  • False declarations of Solvency
  • Misconduct in the course of winding up
  • Transactions in fraud of creditors
  • Falsification of Company books
  • False representation to creditors
  • Requirements for  successor companies
  • Insolvency Investigations. 

 It is therefore vital to take expert legal advice from our specialist firm of fraud solicitors skilled in dealing with these interventions, charges and any subsequent prosecutions brought by these professional bodies. We, at EBR Attridge can confidently say we are familiar and versed with the investigatory practices of organisations such as the Financial Conduct Authority.

If you are being investigated or prosecuted, please make an appointment to see a specialist fraud Solicitor who can attend upon you by telephone, face-to-face or online.

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