Skip to main content

Company Officials (Prosecutions)

Volume 263: debated on Monday 10 July 1995

The text on this page has been created from Hansard archive content, it may contain typographical errors.

To ask the President of the Board of Trade how many directors were successfully prosecuted by the Insolvency Service, indicating the relevant Act of Parliament and the section number, in 1991, 1992, 1993 and 1994. [32603]

Relevant statute199219931994
Number of directors prosecuted (total for the year)1168165
Nature of offence
Company Directors Disqualification Act 1986
Undischarged bankrupt acting in the management of a companySection 11292523
Persons acting in management of company whilst disqualifiedSection 13759
Insolvency Act 1986
Fraud in anticipation of winding upSection 206611
Transaction in fraud of creditorsSection 20711
Misconduct in course of winding upSection 208212
Material omissionSection 21022
False representationSection 2112
Use of prohibited company nameSection 21654
Failure to cooperateSection 2352
Non-disclosureSection 3531
Concealment of property and failure to accountSection 3541
False statementsSection 3561
Undischarged bankrupt obtaining credit and trading under a false nameSection 36063
Failure to keep proper accounting recordsSection 361211
Companies Act 1948
Undischarged bankrupt taking part in management of companySection 1872
Companies Act 1985
Failure to deliver return of allotmentsSection 881
Public limited company carrying on business without a trading certificateSection 1771
Failure to keep or maintain accounting records of a companySection 223915128
Persons acting in management of company whilst disqualifiedSection 2953
Undischarged bankrupt taking part in management of companySection 3023
Fraudulent trading by a companySection 458172422
Theft Act 1968
Theft of propertySection 1774
Obtaining property by deceptionSection 151378
Obtaining pecuniary advantage by deceptionSection 161
False accountingSection 174
Obtaining a valuable security by deceptionSection 20451
Theft Act 1978
Evasion of liability/obtaining servicesSection 11
Section 2133
Section 202
Perjury Act 1911
False statement by a witnessSection 11
Making untrue statementsSection 5113
Forgery and Counterfeiting Act 1981
ForgerySection 21
ForgerySection 33
Financial Services Act 1986
Illegal investment businessSection 41
Accessories and Abettors Act 1861
Aiding and abettingSection 8865
Criminal Attempts Act 1981
Attempted criminal actSection 11
Criminal Law Act 1977
ConspiracySection 146
Conspiracy to Defraud8

The number of directors successfully prosecuted by the Insolvency Service in the last three and details of the offences concerned are as follows:

Information for the previous year could be obtained only at disproportionate cost.

To ask the President of the Board of Trade how many bankrupts were successfully prosecuted for offences under the Insolvency Act 1986 in 1994, identifying the relevant section, by the Insolvency Service. [32587]

In 1994 a total of 66 bankrupts were successfully prosecuted by the Insolvency Service for 128 offences under the Insolvency Act 1986 as a result of the Official Receiver's report. Details of the offences are as follows:

Nature of offenceInsolvency Act 1986 relevant sectionNumber of convictions
Misconduct in course of winding up2081
Material omission2102
False representations2111
Non-disclosure3534
Concealment of property and failure to account35413
Concealment of books and papers; falsification3552
Material omission and false statements35610
Fraudulent disposal of property3572
Undischarged bankrupt obtaining credit and trading under a false name36065
Failure to keep proper accounting records36118
Gambling36210
Total128