When appointed to oversee a company’s insolvency, the duties of the Insolvency Practitioner (‘the Insolvency Practitioner’), who becomes statutory office-holder of that company, are largely set out in the Insolvency Act 1986.

Timothy Thomson of Kangs Solicitors comments upon the nature of the interviews which may be conducted by the Insolvency Practitioner as part of his enquiries.

The award winning  team at Kangs Solicitors, which is led by Hamraj Kang is nationally recognised as a leader in the field of Financial Crime, Insolvency and Regulatory Investigations.

We are here to assist you with these issues and our team of expert solicitors can be contacted for confidential and discrete advice as follows:

Insolvency Investigation | Kangs Civil Insolvency Solicitors

  • The Insolvency Practitioner will investigate the events leading to the company’s insolvency and will frequently interview former directors and officers, employees, accountants, lawyers and other third parties involved in the company’s affairs.
  • If, whilst conducting the investigation, the Insolvency Practitioner finds evidence of potential fraud, misfeasance or other forms of misconduct, the duty may lead to the eventual reporting of such findings to authorities as the Police, the Serious Fraud Office, the Financial Conduct Authority and HMRC.
  • There are a number of important issues for the Insolvency Practitioner to consider with regards to the conduct of interviews. For example, the Serious Fraud Office, in its Corporate Co-operation Guidance, states that it expects to be consulted in a timely manner before potential witnesses or suspects are interviewed in order to avoid any risk of prejudice to a subsequent formal investigation. 
  • The method of interviews can include:
  1. An interview under caution pursuant to the Police and Criminal Evidence Act 1984 where the proposals have been considered by the Serious Fraud Office including the proposed topics for the intended questioning and the sharing of information gathered.
  2. Private Examination on oath under section 236 of the Insolvency Act 1986 being ‘interviews’ conducted in court on a private basis where the answers provided will be inadmissible in any criminal proceedings by virtue of section 433 of the Insolvency Act 1986.

How Can We Assist? | Kangs Financial Crime Solicitors

The team at Kangs Solicitors is nationally regarded for advising and, where necessary, defending clients facing charges arising from circumstances such as: 

Hamraj Kang leads our award-winning team and we welcome enquiries by telephone or email.

We provide an initial no obligation consultation from our offices in London, Birmingham and Manchester.

Alternatively, we provide initial consultations by telephone or video conferencing.

Contact:

Hamraj Kang
hkang@kangssolicitors.co.uk
07976 258171 | 020 7936 6396 | 0121 449 9888

Tim Thompson
tthompson@kangssolicitors.co.uk
020 7936 6396 | 0121 449 9888

John Veale
jveale@kangssolicitors.co.uk
020 7936 6396 | 0121 449 9888