Insolvency Offences

Insolvency offences arise under legislation including the Insolvency Act 1986 and related statutes. They can include fraudulent trading, wrongful trading, falsification or concealment of company records, misconduct during liquidation and breaches of directors’ duties when a company is insolvent. 

A conviction can result in substantial fines, confiscation proceedings, compensation orders, director disqualification for up to 15 years under the Company Directors Disqualification Act 1986 and, in serious cases, imprisonment. The sentence depends on the level of dishonesty, financial loss and your role in the conduct. 

Our team provides legal support from the earliest stage, including representation during interviews with investigators, evidence review, strategic advice and preparation for court proceedings. We work to protect your rights, reputation and business interests. 

If you are contacted by the Insolvency Service or any prosecuting authority, seek legal advice immediately. Do not provide written statements or attend interviews without your solicitor present, and ensure company records are preserved. 

Yes. Wrongful trading does not always require proof of dishonesty. If you continued trading when you knew, or ought to have known, that there was no reasonable prospect of avoiding insolvent liquidation, you may face legal consequences. Liability depends on the specific facts and available defences. 

Yes. Director disqualification proceedings under the Company Directors Disqualification Act 1986 are civil in nature and can proceed separately from, or in addition to, criminal charges. 

Yes. A finding of misconduct can lead to disqualification, restrictions on managing companies, loss of professional licences and serious reputational damage within your industry. 

Yes. In some cases, allegations may overlap with offences under the Fraud Act 2006 or other financial crime legislation, particularly where dishonesty, false representation or abuse of position is alleged.