Are you a creditor looking to recover your money?

If you are a creditor of an insolvent company or a bankruptcy, Oliver Elliot can help you address your concerns arising from the insolvency and section 211 of the insolvency act 1986 can help.

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Insolvency Offences

Section 211 of the Insolvency Act 1986 is about a failure by a Director or Officer to properly assist in a winding up by making of false representations to creditors.

Section 211 of the Insolvency Act 1986 is the Section that addresses misconduct by a Director or Officer in the course of winding up by making of false representations to creditors.

Section 211 of the Insolvency Act 1986 is applicable to Liquidation.

(1)When a company is being wound up, whether by the court or voluntarily, any person, being a past or present officer of the company—

(a)commits an offence if he makes any false representation or commits any other fraud for the purpose of obtaining the consent of the company’s creditors or any of them to an agreement with reference to the company’s affairs or to the winding up, and

(b)is deemed to have committed that offence if, prior to the winding up, he has made any false representation, or committed any other fraud, for that purpose.

(2)For purposes of this section, “officer” includes a shadow director.

(3)A person guilty of an offence under this section is liable to imprisonment or a fine, or both.

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