F1Note:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
| Section of Act creating offence | General nature of offence | Mode of prosecution | Punishment | Daily default fine (where applicable) |
|---|---|---|---|---|
| 12(2) | Company and others failing to state in correspondence etc. that administrator appointed. | Summary. | One-fifth of the statutory maximum. | |
| 15(8) | Failure of administrator to register office copy of court order permitting disposal of charged property. | Summary. | One-fifth of the statutory maximum. | One-fiftieth of the statutory maximum. |
| 18(5) | Failure of administrator to register office copy of court order varying or discharging administration order. | Summary. | One-fifth of the statutory maximum. | One-fiftieth of the statutory maximum. |
| 21(3) | Administrator failing to register administration order and give notice of appointment. | Summary. | One-fifth of the statutory maximum. | One-fiftieth of the statutory maximum. |
| 22(6) | Failure to comply with provisions relating to statement of affairs, where administrator appointed. | 1.On indictment 2.Summary. | Afine. Thestatutory maxi um. | One-tenth of the statutory maximum. |
| 23(3) | Administrator failing to send out, register and lay before creditors statement of his proposals. | Summary. | One-fifth of the statutory maximum. | One-fiftieth of the statutory maximum. |
| 24(7) | Administrator failing to file court order discharging administration order under s. 24. | Summary. | One-fifth of the statutory maximum. | One-fiftieth of the statutory maximum. |
| 27(6) | Administrator failing to file court order discharging administration order under s. 27. | Summary. | One-fifth of the statutory maximum. | One-fiftieth of the statutory maximum. |
| 30 | Body corporate acting as receiver. | 1.On indictment 2.Summary. | A fine. Thestatutory maximum. | |
| 31 | Undischarged bankrupt acting as receiver or manager. | 1.On indictment 2.Summary. | 2 years or a fine, or both. 6 months or the statutory maximum, or both. | |
| 38(5) | Receiver failing to deliver accounts to registrar. | Summary. | One-fifth of the statutory maximum. | One-fiftieth of the statutory maximum. |
| 39(2) | Company and others failing to state in correspondence that receiver appointed. | Summary. | One-fifth of the statutory maximum. | |
| 43(6) | Administrative receiver failing to file office copy of order permitting disposal of charged property. | Summary. | One-fifth of the statutory maximum. | One-fiftieth of the statutory maximum. |
| 45(5) | Administrative receiver failing to file notice of vacation of office. | Summary. | One-fifth of the statutory maximum. | One-fiftieth of the statutory maximum. |
| 46(4) | Administrative receiver failing to give notice of his appointment. | Summary. | One-fifth of the statutory maximum. | One-fiftieth of the statutory maximum. |
| 47(6) | Failure to comply with provisions relating to statement of affairs, where administrative receiver appointed. | 1.On indictment 2.Summary. | A fine. Thestatutory maximum. | One-tenth of the statutory maximum. |
| 48(8) | Administrative receiver failing to comply with requirements as to his report. | Summary. | One-fifth of the statutory maximum. | One-fiftieth of the statutory maximum. |
| 51(4) | Body corporate or Scottish firm acting as receiver. | 1.On indictment 2.Summary. | A fine. Thestatutory maximum. | |
| 51(5) | Undischarged bankrupt acting as receiver (Scotland). | 1.On indictment 2.Summary. | 2 years or a fine, or both. 6 months or the statutory maximum, or both. | |
| 53(2) | Failing to deliver to registrar copy of instrument of appointment of receiver. | Summary. | One-fifth of the statutory maximum. | One-fiftieth of the statutory maximum. |
| 54(3) | Failing to deliver to registrar the court’s interlocutor appointing receiver. | Summary. | One-fifth of the statutory maximum. | One-fiftieth of the statutory maximum. |
| 61(7) | Receiver failing to send to registrar certified copy of court order authorising disposal of charged property. | Summary. | One-fifth of the statutory maximum. | One-fiftieth of the statutory maximum. |
| 62(5) | Failing to give notice to registrar of cessation or removal of receiver. | Summary. | One-fifth of the statutory maximum. | One-fiftieth of the statutory maximum. |
| 64(2) | Company and others failing to state on correspondence etc. that receiver appointed. | Summary. | One-fifth of the statutory maximum. | |
| 65(4) | Receiver failing to send or publish notice of his appointment. | Summary. | One-fifth of the statutory maximum. | One-fiftieth of the statutory maximum. |
| 66(6) | Failing to comply with provisions concerning statement of affairs, where receiver appointed. | 1.On indictment 2.Summary. | A fine. Thestatutory maximum. | One-tenth of the statutory maximum. |
| 67(8) | Receiver failing to comply with requirements as to his report. | Summary. | One-fifth of the statutory maximum. | One-fiftieth of the statutory maximum. |
| 85(2) | Company failing to give notice in Gazette of resolution for voluntary winding up. | Summary. | One-fifth of the statutory maximum. | One-fiftieth of the statutory maximum. |
| 89(4) | Director making statutory declaration of company’s solvency without reasonable grounds for his opinion. | 1.On indictment 2.Summary. | 2 years or a fine, or both. 6 months or the statutory maximum. | |
| 89(6) | Declaration under section 89 not delivered to registrar within prescribed time. | Summary. | One-fifth of the statutory maximum. | One-fiftieth of the statutory maximum. |
| 93(3) | Liquidator failing to summon general meeting of company at each year’s end. | Summary. | One-fifth of the statutory maximum. | |
| 94(4) | Liquidator failing to send a registrar a copy of account of winding up and return of final meeting. | Summary. | One-fifth of the statutory maximum. | One-fiftieth of the statutory maximum. |
| 94(6) | Liquidator failing to call final meeting. | Summary. | One-fifth of the statutory maximum. | |
| 95(8) | Liquidator failing to comply with s. 95, where company insolvent. | Summary. | The statutory maximum. | |
| 98(6) | Company failing to comply with s. 98 in respect of summoning and giving notice of creditors’ meeting. | 1.On indictment 2.Summary. | A fine. Thestatutory maximum. | |
| 99(3) | Directors failing to attend and lay statement in prescribed from before creditors’ meeting. | 1.On indictment 2.Summary. | A fine. Thestatutory maximum. | |
| 105(3) | Liquidator failing to summon company general meeting and creditors’ meeting at each year’s end. | Summary. | One-fifth of the statutory maximum. | |
| 106(4) | Liquidator failing to send to registrar account of winding up and return of final meetings. | Summary. | One-fifth of the statutory maximum. | One-fiftieth of the statutory maximum. |
| 106(6) | Liquidator failing to call final meeting of company or creditors. | Summary. | One-fifth of the statutory maximum. | |
| 109(2) | Liquidator failing to publish notice of his appointment. | Summary. | One-fifth of the statutory maximum. | One-fiftieth of the statutory maximum. |
| 114(4) | Directors exercising powers in breach of s. 114, where no liquidator. | Summary. | The statutory maximum. | |
| 131(7) | Failing to comply with requirements as to statement of affairs, where liquidator appointed. | 1.On indictment 2.Summary. | A fine. Thestatutory maximum. | One-tenth of the statutory maximum. |
| 164 | Giving, offering etc. corrupt inducement affecting appointment of liquidator. | 1.On indictment 2.Summary. | A fine. Thestatutory maximum. | |
| 166(7) | Liquidator failing to comply with requirements of s. 166 in creditors’ voluntary winding up. | Summary. | The statutory maximum. | |
| 188(2) | Default in compliance with s. 188 as to notification that company being wound up. | Summary. | One-fifth of the statutory maximum. | |
| 192(2) | Liquidator failing to notify registrar as to progress of winding up. | Summary. | One-fifth of the statutory maximum. | One-fiftieth of the statutory maximum. |
| 201(4) | Failing to deliver to registrar office copy of court order deferring dissolution. | Summary. | One-fifth of the statutory maximum. | One-fiftieth of the statutory maximum. |
| 203(6) | Failing to deliver to registrar copy of directions or result of appeal under s. 203. | Summary. | One-fifth of the statutory maximum. | One-fiftieth of the statutory maximum. |
| 204(7) | Liquidator failing to deliver to registrar copy of court order for early dissolution. | Summary. | One-fifth of the statutory maximum. | One-fiftieth of the statutory maximum. |
| 204(8) | Failing to deliver to registrar copy of court order deferring early dissolution. | Summary. | One-fifth of the statutory maximum. | One-fiftieth of the statutory maximum. |
| 205(7) | Failing to deliver to registrar copy of Secretary of State’s directions or court order deferring dissolution. | Summary. | One-fifth of the statutory maximum. | One-fiftieth of the statutory maximum. |
| 206(1) | Fraud etc. in anticipation of winding up. | 1.On indictment 2.Summary. | 7 years or a fine, or both. 6 months or the statutory maximum, or both. | |
| 206(2) | Privity to fraud in anticipation of winding up; fraud, or privity to fraud, after commmencement of winding up. | 1.On indictment 2.Summary. | 7 years or a fine, or both. 6 months or the statutory maximum, or both. | |
| 206(5) | Knowingly taking in pawn or pledge, or otherwise receiving, company property. | 1.On indictment 2.Summary. | 7 years or a fine, or both. 6 months or the statutory maximum, or both. | |
| 207 | Officer of company entering into transaction in fraud of company’s creditors. | 1.On indictment 2.Summary. | 2 years or a fine, or both. 6 months or the statutory maximum, or both. | |
| 208 | Officer of company misconducting himself in course of winding up. | 1.On indictment 2.Summary. | 7 years or a fine, or both. 6 months or the statutory maximum, or both. | |
| 209 | Officer or contributory destroying, falsifying, etc. company’s books. | 1.On indictment 2.Summary. | 7 years or a fine, or both. 6 months or the statutory maximum, or both. | |
| 210 | Officer of company making material omission from statement relating to company’s affairs. | 1.On indictment 2.Summary. | 7 years or a fine, or both. 6 months or the statutory maximum, or both. | |
| 211 | False representation or fraud for purpose of obtaining creditors’ consent to an agreement in connection with winding up. | 1.On indictment 2.Summary. | 7 years or a fine, or both. 6 months or the statutory maximum, or both. | |
| 216(4) | Contravening restrictions on re-use of name of company in insolvent liquadation. | 1.On indictment 2.Summary. | 2 years or a fine, or both. 6 months or the statutory maximum, or both. | |
| 235(5) | Failing to co-operate with office-holder. | 1.On indictment 2.Summary. | A fine. Thestatutory maximum | One-tenth of the statutory maximum. |
| 353(1) | Bankrupt failing to disclose property or disposals to official receiver or trustee. | 1.On indictment 2.Summary. | 7 years or a fine, or both. 6 months or the statutory maximum, or both. | |
| 354(1) | Bankrupt failing to deliver property to, or concealing property from, official receiver or trustee. | 1.On indictment 2.Summary. | 7 years or a fine, or both. 6 months or the statutory maximum, or both. | |
| 354(2) | Bankrupt removing property which he is required to deliver to official receiver or trustee. | 1.On indictment 2.Summary. | 7 years or a fine, or both. 6 months or the statutory maximum, or both. | |
| 354(3) | Bankrupt failing to account for loss of substantial part of property. | 1.On indictment 2.Summary. | 2years or a fine, or both. 6 months or the statutory maximum, or both. | |
| 355(1) | Bankrupt failing to deliver books, papers and records to official receiver or trustee. | 1.On indictment 2.Summary. | 7 years or a fine, or both. 6 months or the statutory maximum, or both. | |
| 355(2) | Bankrupt concealing, destroying etc. books, papers or records, or making false entries in them. | 1.On indictment 2.Summary. | 7 years or a fine, or both. 6 months or the statutory maximum, or both. | |
| 355(3) | Bankrupt disposing of, or altering, books, papers or records relating to his estate or affairs. | 1.On indictment 2.Summary. | 7 years or a fine, or both. 6 months or the statutory maximum, or both. | |
| 356(1) | Bankrupt making material omission in statement relating to his affairs. | 1.On indictment 2.Summary. | 7 years or a fine, or both. 6 months or the statutory maximum, or both. | |
| 356(2) | Bankrupt making false statement, or failing to inform trustee, where false debt proved. | 1.On indictment 2.Summary. | 7 years or a fine, or both. 6 months or the statutory maximum, or both. | |
| 357 | Bankrupt fraudulently disposing of property. | 1.On indictment 2.Summary. | 2 years or a fine, or both. 6 months or the statutory maximum, or both. | |
| 358 | Bankrupt absconding with property he is required to deliver to official receiver or trustee. | 1.On indictment 2.Summary. | 2 years or a fine, or both. 6 months or the statutory maximum, or both. | |
| 359(1) | Bankrupt disposing of property obtained on credit and not paid for. | 1.On indictment 2.Summary. | 7 years or a fine, or both. 6 months or the statutory maximum, or both. | |
| 359(2) | Obtaining property in respect of which money is owed by a bankrupt. | 1.On indictment 2.Summary. | 7 years or a fine, or both. 6 months or the statutory maximum, or both. | |
| 360(1) | Bankrupt obtaining credit or engaging in business without disclosing his status or name in which he was made bankrupt. | 1.On indictment 2.Summary. | 2 years or a fine, or both. 6 months or the statutory maximum, or both. | |
| 360(3) | Person made bankrupt in Scotland or Northern Ireland obtaining credit, etc. in England and Wales. | 1.On indictment 2.Summary. | 2 years or a fine, or both. 6 months or the statutory maximum, or both. | |
| 361(1) | Bankrupt failing to keep proper accounting records. | 1.On indictment 2.Summary. | 2 years or a fine, or both. 6 months or the statutory maximum, or both. | |
| 362 | Bankrupt increasing extent of insolvency by gambling. | 1.On indictment 2.Summary. | 2 years or a fine, or both. 6 months or the statutory maximum, or both. | |
| 389 | Acting as insolvency practitioner when not qualified. | 1.On indictment 2.Summary. | 2 years or a fine, or both. 6 months or the statutory maximum, or both. | |
| 429(5) | Contravening s. 429 in respect of disabilities imposed by county court on revocation of administration order. | 1.On indictment 2.Summary. | 2 years or a fine, or both. 6 months or the statutory maximum, or both. | |
| Sch. 7, para. 4(3).. | Failure to attend and give evidence to Insolvency Practitioners Tribunal; suppressing, concealing, etc. relevant documents.. | Summary. | Level 3 on the standard scale within the meaning given by section 75 of the Criminal Justice Act 1982. | |
Textual Amendments
F1Note in Sch. 10 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIV Group2
Modifications etc. (not altering text)
C1Sch. 10: entry relating to s. 93(3) modified (S.) (6.4.2001) by S.S.I. 2001/128, reg. 4(2), Sch. 3
C2 Sch. 10: entry relating to s. 105(3) modified (S.) (6.4.2001) by S.S.I. 2001/128, reg. 4(2), Sch. 3
C3Sch. 10: entry relating to s. 106(6) modified (S.) (6.4.2001) by S.S.I. 2001/128, reg. 4(2), Sch. 3