| Guvnor

Enforced by: Companies House, FCA, Insolvency Service, Takeover Panel, CIC Regulator
Status: Amended (in force with amendments)
Penalty ceiling: Imprisonment 36 of 190 obligations carry an unlimited fine. 41 carry different penalties and 113 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Director or Officer77 Any Person61 Trader14 Trustee6 Landlord3 Distributor3

Plus 26 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Director or Officer — also bound by 429 other Acts

Insolvency (England and Wales) Rules 2016 162 duties

Companies Act 2006 126 duties

The Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 68 duties

Building Societies Act 1986 32 duties

Companies Act 1985 28 duties

Any Person — also bound by 2340 other Acts

Human Medicines Regulations 2012 184 duties

Merchant Shipping Act 1995 144 duties

Insolvency (England and Wales) Rules 2016 104 duties

Communications Act 2003 92 duties

Road Traffic Act 1988 92 duties

Trader — also bound by 825 other Acts

Value Added Tax Regulations 1995 416 duties

Companies Act 2006 243 duties

The Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 133 duties

Companies Act 1985 85 duties

Insolvency (England and Wales) Rules 2016 62 duties

Trustee — also bound by 104 other Acts

The Occupational and Personal Pension Schemes (Disclosure of Information) Regulations 2013 79 duties

The Occupational Pension Schemes (Collective Money Purchase Schemes) Regulations 2022 40 duties

Charities Act 2011 27 duties

Charities Act (Northern Ireland) 2008 22 duties

Insolvency (England and Wales) Rules 2016 21 duties

Landlord — also bound by 224 other Acts

Renting Homes (Wales) Act 2016 74 duties

Housing Act 1985 55 duties

Housing Act 1996 30 duties

The Service Charges (Consultation Requirements) (England) Regulations 2003 27 duties

The Service Charges (Consultation Requirements) (Wales) Regulations 2004 26 duties

Distributor — also bound by 182 other Acts

UK REACH Regulation (retained EU law) 44 duties

The Marketing of Fruit Plant and Propagating Material (England) Regulations 2017 28 duties

The Marketing of Fruit Plant and Propagating Material (Wales) Regulations 2017 26 duties

The Marketing of Fruit Plant and Propagating Material Regulations (Northern Ireland) 2017 25 duties

Electricity Safety, Quality and Continuity Regulations 2002 21 duties

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Company Voluntary Arrangements

5 of 12 sections shown

s.002 Procedure where nominee is not the liquidator or administrator. Regulated

Submit arrangement terms and financial statement to your nomineeAny Person

s.003 Consideration of proposal. Regulated

Nominee must summon meetings and seek creditor approval for a formal proposalAny Person

s.004 Decisions of the company and its creditors. Prosecution

Chairman and nominee must report CVA results to the court and partiesAny Person

Unlimited fine

s.005 Effect of approval. Regulated

Pay outstanding debts if a Voluntary Arrangement ends successfullyTrader

s.007 Prosecution of delinquent officers of company. Regulated

Assist the authorities during company insolvency investigationsTrader

7 other sections in this Part — procedural and definitional

s.001 Those who may propose an arrangement.

s.001 Moratorium.

s.004 Approval of arrangement.

s.006 Challenge of decisions.

s.006 False representations, etc.

s.007 Implementation of proposal.

s.007 Arrangements coming to an end prematurely.

Part 3

Receivership

10 of 55 sections shown

s.030 Disqualification of body corporate from acting as receiver. Prosecution

Act as receiver when not qualified as a body corporateAny Person
Unlawfully acting as a receiver through a corporate bodyAny Person

Unlimited fine

s.038 Receivership accounts to be delivered to registrar. Regulated

Deliver receivership accounts to Companies HouseDirector or Officer

s.039 Notification that receiver or manager appointed. Regulated

State that the company is in receivership on all business documentsDirector or Officer

s.045 Vacation of office. Regulated

Administrative receiver must notify Companies House when leaving officeDirector or Officer

s.046 Information to be given by administrative receiver. Prosecution

Administrative receivers must notify the company and creditors of appointmentDirector or Officer

Unlimited fine

s.047 Statement of affairs to be submitted. Regulated

Submit a statement of affairs when required by an administrative receiverDirector or Officer

s.048 Report by administrative receiver. Regulated

Administrative receiver must send a report to Companies House and creditors within 3 monthsDirector or Officer

s.060 Distribution of moneys. Regulated

Receiver must distribute collected funds in strict priority orderDirector or Officer

s.062 Cessation of appointment of receiver. Regulated

Notify Companies House when a receiver stops acting within 14 daysDirector or Officer

s.066 Company’s statement of affairs. Prosecution

Submit a statement of company affairs to the receiverTrader

Unlimited fine

45 other sections in this Part — procedural and definitional

s.028 Extent of this Chapter.

s.029 Definitions.

s.031 Disqualification of bankrupt or person in respect of whom a debt relief order is made

s.032 Power for court to appoint official receiver.

s.033 Time from which appointment is effective.

s.034 Liability for invalid appointment.

s.035 Application to court for directions.

s.036 Court’s power to fix remuneration.

s.037 Liability for contracts, etc.

s.040 Payment of debts out of assets subject to floating charge.

s.041 Enforcement of duty to make returns.

s.042 General powers.

s.043 Power to dispose of charged property, etc.

s.044 Agency and liability for contracts.

s.049 Committee of creditors.

s.050 Extent of this Chapter.

s.051 Power to appoint receiver.

s.052 Circumstances justifying appointment.

s.053 Mode of appointment by holder of charge.

s.054 Appointment by court.

s.055 Powers of receiver.

s.056 Precedence among receivers.

s.057 Agency and liability of receiver for contracts.

s.058 Remuneration of receiver.

s.059 Priority of debts.

s.061 Disposal of interest in property.

s.063 Powers of court.

s.064 Notification that receiver appointed.

s.065 Information to be given by receiver.

s.067 Report by receiver.

s.068 Committee of creditors

s.069 Enforcement of receiver’s duty to make returns, etc.

s.070 Interpretation for Chapter II.

s.071 Prescription of forms, etc.; regulations.

s.072 Cross-border operation of receivership provisions.

s.072 Floating charge holder not to appoint administrative receiver

s.072 First exception: capital market

s.072 Second exception: public-private partnership

s.072 Third exception: utilities

s.072 Exception in respect of urban regeneration projects

s.072 Fourth exception: project finance

s.072 Fifth exception: financial market

s.072 Sixth exception: social landlords

s.072 Exception in relation to protected railway companies etc.

s.072 Sections 72A to 72G: supplementary

Part 4

Winding Up of Companies Registered under the Companies Acts

130 of 158 sections shown

s.084 Circumstances in which company may be wound up voluntarily. Regulated

Give written notice to floating charge holders before voluntary winding upTrader

s.085 Notice of resolution to wind up. Prosecution

Advertise the resolution to wind up the company in the GazetteDirector or Officer

Unlimited fine

s.087 (1) In case of a voluntary winding up, the company... Regulated

Cease trading when voluntary winding up beginsTrader

s.091 Appointment of liquidator. Regulated

Appoint a liquidator and cease director powersTrader

s.092 Progress report to company ... Regulated

Produce and distribute regular liquidator progress reportsDirector or Officer

s.094 Final account prior to dissolution Regulated

Prepare and file final accounts for company winding upDirector or Officer

s.095 Effect of company’s insolvency. Regulated

Liquidator must notify creditors if company cannot pay debtsDirector or Officer

s.099 Directors to lay statement of affairs before creditors. Prosecution

Fail to provide statement of company affairs to creditorsDirector or Officer
Fail to send statement of affairs to creditorsDirector or Officer

Unlimited fine

s.100 Appointment of liquidator. Regulated

Seek liquidator nominations from creditorsDirector or Officer

amended 5 times (opens in a new tab)

s.101 Appointment of liquidation committee.

amended 7 times (opens in a new tab)

s.102 Creditors’ meeting where winding up converted under s. 96.

amended 1 time (opens in a new tab)

s.104 Vacancy in office of liquidator.

amended 2 times (opens in a new tab)

s.104 Progress report to company and creditors ... ... Regulated

Produce and distribute progress reports during liquidationDirector or Officer

amended 2 times

s.105 Meetings of company and creditors at each year’s end (Scotland).

amended 8 times (opens in a new tab)

s.106 Final account prior to dissolution. Regulated

Prepare and file final account of company winding upDirector or Officer

amended 22 times (opens in a new tab)

s.107 Distribution of company’s property.

amended 2 times (opens in a new tab)

s.109 Notice by liquidator of his appointment. Regulated

Liquidator must notify Companies House and the Gazette of appointmentDirector or Officer

amended 3 times (opens in a new tab)

s.110 Acceptance of shares, etc., as consideration for sale of company property.

amended 8 times (opens in a new tab)

s.111 Dissent from arrangement under s. 110.

amended 1 time (opens in a new tab)

s.112 Reference of questions to court. Regulated

File court orders staying winding-up proceedings with Companies HouseTrader

amended 5 times (opens in a new tab)

s.113 Court’s power to control proceedings (Scotland).

amended 1 time (opens in a new tab)

s.114 No liquidator appointed or nominated by company. Regulated

Directors must not exercise powers without court sanction during voluntary winding upDirector or Officer

amended 2 times (opens in a new tab)

s.115 Expenses of voluntary winding up.

amended 1 time (opens in a new tab)

s.117 High Court and county court jurisdiction.

amended 15 times (opens in a new tab)

s.120 Court of Session and sheriff court jurisdiction.

amended 4 times (opens in a new tab)

s.122 Circumstances in which company may be wound up by the court.

amended 12 times (opens in a new tab)

s.123 Definition of inability to pay debts.

amended 2 times (opens in a new tab)

s.124 Application for winding up.

amended 20 times (opens in a new tab)

s.124 Petition for winding up on grounds of public interest.

amended 20 times

s.124 Petition for winding up of SE

amended 20 times

s.124 Petition for winding up of SCE

amended 20 times

s.125 Powers of court on hearing of petition.

amended 2 times (opens in a new tab)

s.126 Power to stay or restrain proceedings against company.

amended 4 times (opens in a new tab)

s.127 Avoidance of property dispositions, etc.

amended 10 times (opens in a new tab)

s.128 Avoidance of attachments, etc.

amended 2 times (opens in a new tab)

s.129 Commencement of winding up by the court.

amended 7 times (opens in a new tab)

s.130 Consequences of winding-up order. Regulated

Send winding-up order to Companies HouseTrader

amended 8 times (opens in a new tab)

s.131 Company’s statement of affairs.

amended 10 times (opens in a new tab)

s.132 Investigation by official receiver. Regulated

Other duties (1) — Crown / regulator

Official receiver must investigate the causes of company failureStatutory regulator

s.133 Public examination of officers Prosecution

Attend and provide evidence at a public examination if ordered by the courtDirector or Officer

Unlimited fine · amended 4 times (opens in a new tab)

s.135 Appointment and powers of provisional liquidator.

amended 5 times (opens in a new tab)

s.136 Functions of official receiver in relation to office of liquidator.

amended 5 times (opens in a new tab)

s.137 Appointment by Secretary of State.

amended 4 times (opens in a new tab)

s.138 Appointment of liquidator in Scotland. Regulated

Interim liquidator must seek nominations for a permanent liquidatorDirector or Officer

amended 5 times (opens in a new tab)

s.139 Choice of liquidator by creditors and contributories.

amended 2 times (opens in a new tab)

s.140 Appointment by the court following administration or voluntary arrangement.

amended 4 times (opens in a new tab)

s.141 Liquidation committee (England and Wales).

amended 3 times (opens in a new tab)

s.142 Liquidation committee (Scotland). Regulated

Liquidator must seek decision on establishing liquidation committee if creditors request it (Scotland)Director or Officer

amended 7 times (opens in a new tab)

s.143 General functions in winding up by the court. Regulated

Liquidators must collect and distribute assets and assist the Official ReceiverDirector or Officer

amended 3 times (opens in a new tab)

s.144 Custody of company’s property.

amended 1 time (opens in a new tab)

s.145 Vesting of company property in liquidator.

amended 1 time (opens in a new tab)

s.146 Final account Regulated

Prepare and distribute final account of company winding upDirector or Officer

amended 9 times (opens in a new tab)

s.146 Official receiver’s duty to send statement to registrar about other proceedings

amended 9 times

s.147 Power to stay or sist winding up. Regulated

Forward court order staying or sisting winding up to Companies HouseTrader

amended 6 times (opens in a new tab)

s.148 Settlement of list of contributories and application of assets.

amended 2 times (opens in a new tab)

s.149 Debts due from contributory to company.

amended 2 times (opens in a new tab)

s.150 Power to make calls.

amended 1 time (opens in a new tab)

s.151 Payment into bank of money due to company.

amended 1 time (opens in a new tab)

s.152 Order on contributory to be conclusive evidence.

amended 1 time (opens in a new tab)

s.153 Power to exclude creditors not proving in time.

amended 1 time (opens in a new tab)

s.154 Adjustment of rights of contributories. Regulated

Other duties (1) — Crown / regulator

Court must adjust rights of contributories and distribute surplus fundsTribunal / Court

amended 1 time (opens in a new tab)

s.155 Inspection of books by creditors, etc.

amended 3 times (opens in a new tab)

s.156 Payment of expenses of winding up.

amended 2 times (opens in a new tab)

s.157 Attendance at company meetings (Scotland).

amended 1 time (opens in a new tab)

s.158 Power to arrest absconding contributory.

amended 1 time (opens in a new tab)

s.159 Powers of court to be cumulative.

amended 2 times (opens in a new tab)

s.160 Delegation of powers to liquidator (England and Wales).

amended 4 times (opens in a new tab)

s.161 Orders for calls on contributories (Scotland).

amended 1 time (opens in a new tab)

s.162 Appeals from orders in Scotland.

amended 4 times (opens in a new tab)

s.163 Style and title of liquidators. Regulated

Use correct legal titles when acting as a liquidatorDirector or Officer

amended 1 time (opens in a new tab)

s.165 Voluntary winding up.

amended 7 times (opens in a new tab)

s.166 Creditors’ voluntary winding up.

amended 7 times (opens in a new tab)

s.167 Winding up by the court.

amended 6 times (opens in a new tab)

s.168 Supplementary powers (England and Wales). Regulated

Liquidators must seek creditor decisions if requested by 10% in valueDirector or Officer

amended 13 times (opens in a new tab)

s.169 Supplementary powers (Scotland).

amended 5 times (opens in a new tab)

s.170 Enforcement of liquidator’s duty to make returns, etc.

amended 5 times (opens in a new tab)

s.171 Removal, etc. (voluntary winding up).

amended 14 times (opens in a new tab)

s.172 Removal, etc. (winding up by the court).

amended 16 times (opens in a new tab)

s.173 Release (voluntary winding up).

amended 10 times (opens in a new tab)

s.174 Release (winding up by the court).

amended 9 times (opens in a new tab)

s.174 Moratorium debts etc: priority

amended 9 times

s.175 Preferential debts (general provision).

amended 21 times (opens in a new tab)

s.176 Preferential charge on goods distrained , etc.

amended 6 times (opens in a new tab)

s.176 Share of assets for unsecured creditors

amended 6 times

s.176 Non-preferential debts of financial institutions

amended 6 times

s.176 Payment of expenses of winding up (England and Wales)

amended 6 times

s.176 Application of proceeds of office-holder claims

amended 6 times

s.177 Power to appoint special manager. Regulated

Other duties (1) — Crown / regulator

Court may appoint a special manager to run the business during liquidationTribunal / Court

amended 4 times (opens in a new tab)

s.178 Power to disclaim onerous property.

amended 11 times (opens in a new tab)

s.179 Disclaimer of leaseholds.

amended 4 times (opens in a new tab)

s.180 Land subject to rentcharge.

amended 4 times (opens in a new tab)

s.181 Powers of court (general).

amended 4 times (opens in a new tab)

s.182 Powers of court (leaseholds).

amended 4 times (opens in a new tab)

s.183 Effect of execution or attachment (England and Wales).

amended 6 times (opens in a new tab)

s.184 Duties of officers charged with execution of writs and other processes (England and Wales).

amended 8 times (opens in a new tab)

s.185 Effect of diligence (Scotland)

amended 13 times (opens in a new tab)

s.186 Rescission of contracts by the court.

amended 4 times (opens in a new tab)

s.187 Power to make over assets to employees.

amended 8 times (opens in a new tab)

s.188 Notification that company is in liquidation. Regulated

State that the company is in liquidation on all business documentsDirector or Officer

amended 5 times (opens in a new tab)

s.189 Interest on debts.

amended 3 times (opens in a new tab)

s.190 Documents exempt from stamp duty.

amended 1 time (opens in a new tab)

s.191 Company’s books to be evidence.

amended 2 times (opens in a new tab)

s.192 Information as to pending liquidations. Regulated

Send periodic liquidation progress statements to Companies HouseDirector or Officer

amended 3 times (opens in a new tab)

s.193 Unclaimed dividends (Scotland). Regulated

Deposit unclaimed dividends with the Accountant of Court (Scotland)Director or Officer

amended 7 times (opens in a new tab)

s.194 Resolutions passed at adjourned meetings.

amended 6 times (opens in a new tab)

s.195 Court's powers to ascertain wishes of creditors or contributories.

amended 4 times (opens in a new tab)

s.196 Judicial notice of court documents. Regulated

Other duties (1) — Crown / regulator

Courts must accept official insolvency and company documents as authenticTribunal / Court

amended 7 times (opens in a new tab)

s.197 Commission for receiving evidence.

amended 5 times (opens in a new tab)

s.198 Court order for examination of persons in Scotland.

amended 3 times (opens in a new tab)

s.199 Costs of application for leave to proceed (Scottish companies).

amended 5 times (opens in a new tab)

s.200 Affidavits etc. in United Kingdom and overseas.

amended 3 times (opens in a new tab)

s.201 Dissolution (voluntary winding up).

amended 22 times (opens in a new tab)

s.202 Early dissolution (England and Wales).

amended 22 times (opens in a new tab)

s.203 Consequence of notice under s. 202.

amended 2 times (opens in a new tab)

s.204 Early dissolution (Scotland). Prosecution

Unlimited fine · amended 2 times (opens in a new tab)

s.205 Dissolution otherwise than under ss. 202-204.

amended 21 times (opens in a new tab)

s.206 Fraud, etc. in anticipation of winding up.

amended 6 times (opens in a new tab)

s.207 Transactions in fraud of creditors.

amended 5 times (opens in a new tab)

s.208 Misconduct in course of winding up. Prosecution

Fail to cooperate with liquidator during company winding upDirector or Officer
Misconduct during company liquidationDirector or Officer

Unlimited fine · amended 6 times (opens in a new tab)

s.209 Falsification of company’s books. Prosecution

Falsify company books or records during winding upDirector or Officer
Falsify or destroy company records during insolvencyDirector or Officer

Unlimited fine · amended 3 times (opens in a new tab)

s.210 Material omissions from statement relating to company’s affairs.

amended 6 times (opens in a new tab)

s.211 False representations to creditors. Prosecution

Make false representations to creditors during winding upDirector or Officer

Unlimited fine · amended 4 times (opens in a new tab)

s.212 Summary remedy against delinquent directors, liquidators, etc.

amended 11 times (opens in a new tab)

s.213 Fraudulent trading.

amended 5 times (opens in a new tab)

s.214 Wrongful trading.

amended 18 times (opens in a new tab)

s.215 Proceedings under ss. 213, 214.

amended 10 times (opens in a new tab)

s.216 Restriction on re-use of company names.

amended 3 times (opens in a new tab)

s.217 Personal liability for debts, following contravention of s. 216.

amended 3 times (opens in a new tab)

s.218 Prosecution of delinquent officers and members of company. Imprisonment

Criminal misconduct by company officers identified during insolvencyDirector or Officer

7 years imprisonment · amended 21 times (opens in a new tab)

s.219 Obligations arising under s. 218. Regulated

Assist authorities during insolvency-related criminal investigationsDirector or Officer

amended 10 times (opens in a new tab)

28 other sections in this Part — procedural and definitional

s.073 Scheme of this Part

s.074 Liability as contributories of present and past members.

s.075 Directors, etc. with unlimited liability.

s.076 Liability of past directors and shareholders.

s.077 Limited company formerly unlimited.

s.078 Unlimited company formerly limited.

s.079 Meaning of “contributory”.

s.080 Nature of contributory’s liability.

s.081 Contributories in case of death of a member.

s.082 Effect of contributory’s bankruptcy.

s.083 Companies registered but not formed under the Companies Act 2006

s.086 Commencement of winding up.

s.088 Avoidance of share transfers, etc. after winding-up resolution.

s.089 Statutory declaration of solvency.

s.090 Distinction between “members’” and “creditors’” voluntary winding up.

s.092 Power to fill vacancy in office of liquidator.

s.093 General company meeting at each year’s end (Scotland)

s.096 Conversion to creditors’ voluntary winding up.

s.097 Application of this Chapter.

s.098 Meeting of creditors.

s.103 Cesser of directors’ powers.

s.108 Appointment or removal of liquidator by the court.

s.116 Saving for certain rights.

s.118 Proceedings taken in wrong court.

s.119 Proceedings in county court; case stated for High Court.

s.121 Power to remit winding up to Lord Ordinary.

s.134 Enforcement of s. 133.

s.164 Corrupt inducement affecting appointment.

Part 5

Winding Up of Unregistered Companies

7 of 10 sections shown

s.220 Meaning of “unregistered company”.

amended 2 times (opens in a new tab)

s.221 Winding up of unregistered companies.

amended 10 times (opens in a new tab)

s.223 Inability to pay debts: debt remaining unsatisfed after action brought.

amended 1 time (opens in a new tab)

s.224 Inability to pay debts: other cases.

amended 1 time (opens in a new tab)

s.225 Company incorporated outside Great Britain may be wound up though dissolved.

amended 5 times (opens in a new tab)

s.226 Contributories in winding up of unregistered company.

amended 1 time (opens in a new tab)

s.229 Provisions of this Part to be cumulative.

amended 2 times (opens in a new tab)

3 other sections in this Part — procedural and definitional

s.222 Inability to pay debts: unpaid creditor for £750 or more.

s.227 Power of court to stay, sist or restrain proceedings.

s.228 Actions stayed on winding-up order.

Part 6

Miscellaneous Provisions Applying to Companies Which are Insolvent or in Liquidation

30 of 30 sections shown

s.230 Holders of office to be qualified insolvency practitioners. Regulated

Appoint a qualified insolvency practitioner for formal company proceduresDirector or Officer

amended 2 times (opens in a new tab)

s.231 Appointment to office of two or more persons.

amended 5 times (opens in a new tab)

s.232 Validity of office-holder’s acts.

amended 2 times (opens in a new tab)

s.233 Supplies of gas, water, electricity, etc. Regulated

Do not demand pre-insolvency utility charges as a condition of continued supplyDistributor

amended 31 times (opens in a new tab)

s.233 Further protection of essential supplies

amended 31 times

s.233 Protection of supplies of goods and services Regulated

Do not terminate supply contracts or demand pre-insolvency payment when a customer enters insolvencyDistributor

amended 31 times

s.233 Powers to amend section 233B and Schedule 4ZZA

amended 31 times

s.234 Getting in the company’s property.

amended 10 times (opens in a new tab)

s.235 Duty to co-operate with office-holder. Prosecution

Co-operate with and provide information to the insolvency office-holderAny Person

Unlimited fine · amended 9 times (opens in a new tab)

s.236 Inquiry into company’s dealings, etc.

amended 7 times (opens in a new tab)

s.237 Court’s enforcement powers under s. 236.

amended 4 times (opens in a new tab)

s.238 Transactions at an undervalue (England and Wales).

amended 10 times (opens in a new tab)

s.239 Preferences (England and Wales).

amended 9 times (opens in a new tab)

s.240 “Relevant time” under ss. 238, 239.

amended 12 times (opens in a new tab)

s.241 Orders under ss. 238, 239.

amended 11 times (opens in a new tab)

s.242 Gratuitous alienations (Scotland).

amended 14 times (opens in a new tab)

s.243 Unfair preferences (Scotland).

amended 12 times (opens in a new tab)

s.244 Extortionate credit transactions.

amended 12 times (opens in a new tab)

s.245 Avoidance of certain floating charges.

amended 15 times (opens in a new tab)

s.246 Unenforceability of liens on books, etc.

amended 8 times (opens in a new tab)

s.246 Remote attendance at meetings Regulated

Ensure effective participation for remote insolvency meetingsAny Person

amended 8 times

s.246 Use of websites

amended 8 times

s.246 Creditors' ability to opt out of receiving certain notices

amended 8 times

s.246 Fraudulent trading: administration

amended 8 times

s.246 Wrongful trading: administration

amended 8 times

s.246 Proceedings under section 246ZA or 246ZB

amended 8 times

s.246 Power to assign

amended 8 times

s.246 Decisions by creditors and contributories: general

amended 8 times

s.246 Deemed consent procedure Regulated

Use deemed consent for creditor decisionsAny Person

amended 8 times

s.246 Power to amend sections 246ZE and 246ZF

amended 8 times

Part 7

Debt relief orders

24 of 24 sections shown

s.251 Debt relief orders

amended 17 times

s.251 Making of application

amended 17 times

s.251 Duty of official receiver to consider and determine application Regulated

Other duties (1) — Crown / regulator

Official receiver must determine debt relief order applicationsStatutory regulator

amended 17 times

s.251 Presumptions applicable to the determination of an application

amended 17 times

s.251 Making of debt relief orders

amended 17 times

s.251 Effect of debt relief order on other debt management arrangements

amended 17 times

s.251 Moratorium from qualifying debts

amended 17 times

s.251 The moratorium period

amended 17 times

s.251 Discharge from qualifying debts

amended 17 times

s.251 Providing assistance to official receiver

amended 17 times

s.251 Objections and investigations

amended 17 times

s.251 Power of official receiver to revoke or amend a debt relief order

amended 17 times

s.251 Powers of court in relation to debt relief orders

amended 17 times

s.251 Inquiry into debtor's dealings and property

amended 17 times

s.251 False representations and omissions

amended 17 times

s.251 Concealment or falsification of documents Imprisonment

Conceal or falsify business and financial records during a Debt Relief OrderAny Person

7 years imprisonment · amended 17 times

s.251 Fraudulent disposal of property Regulated

Fraudulently dispose of property while subject to debt relief orderAny Person

amended 17 times

s.251 Fraudulent dealing with property obtained on credit

amended 17 times

s.251 Obtaining credit or engaging in business

amended 17 times

s.251 Offences: supplementary Imprisonment

Commit fraud or document offences during debt relief proceedingsAny Person

7 years imprisonment · amended 17 times

s.251 Approved intermediaries

amended 17 times

s.251 Debt relief restrictions orders and undertakings

amended 17 times

s.251 Register of debt relief orders etc Regulated

Other duties (1) — Crown / regulator

Secretary of State must maintain a register of debt relief mattersCrown / Minister / Government department

amended 17 times

s.251 Interpretation

amended 17 times

Part 7

Interpretation for First Group of Parts

6 of 6 sections shown

s.247 “Insolvency” and “go into liquidation”.

amended 8 times (opens in a new tab)

s.248 “Secured creditor”, etc.

amended 2 times (opens in a new tab)

s.248 “Opted-out creditor”

amended 2 times

s.249 “Connected” with a company.

amended 16 times (opens in a new tab)

s.250 “Member” of a company.

amended 1 time (opens in a new tab)

s.251 Expressions used generally.

amended 17 times (opens in a new tab)

Part 8

Individual Voluntary Arrangements

23 of 23 sections shown

s.252 Interim order of court.

amended 3 times (opens in a new tab)

s.253 Application for interim order.

amended 6 times (opens in a new tab)

s.254 Effect of application. Regulated

Do not forfeit a debtor's lease by peaceful re-entry without court leaveLandlord

amended 1 time (opens in a new tab)

s.255 Cases in which interim order can be made.

amended 4 times (opens in a new tab)

s.256 Nominee’s report on debtor’s proposal. Regulated

Submit arrangement terms and financial statement to your nomineeTrader

amended 9 times (opens in a new tab)

s.256 Debtor’s proposal and nominee’s report.

amended 9 times

s.257 Consideration of debtor's proposal by creditors

amended 4 times (opens in a new tab)

s.258 Approval of debtor's proposal

amended 19 times (opens in a new tab)

s.259 Report of decisions to court. Regulated

Nominee must report the creditors' decision on a voluntary arrangementAny Person

amended 4 times (opens in a new tab)

s.260 Effect of approval.

amended 7 times (opens in a new tab)

s.261 Additional effect on undischarged bankrupt Regulated

Apply to annul your bankruptcy after a voluntary arrangement is approvedAny Person

amended 3 times (opens in a new tab)

s.262 Challenge of creditors' decision.

amended 16 times (opens in a new tab)

s.262 False representations etc. Prosecution

Make false statement to gain creditor approval of voluntary arrangementAny Person
Provide false information to creditors regarding a voluntary arrangementAny Person

Unlimited fine · amended 16 times

s.262 Prosecution of delinquent debtors.

amended 16 times

s.262 Arrangements coming to an end prematurely.

amended 16 times

s.263 Implementation and supervision of approved voluntary arrangement.

amended 5 times (opens in a new tab)

s.263 Availability

amended 5 times

s.263 Decision

amended 5 times

s.263 Result

amended 5 times

s.263 Approval of voluntary arrangement

amended 5 times

s.263 Implementation

amended 5 times

s.263 Revocation

amended 5 times

s.263 Offences

amended 5 times

Part 9

Bankruptcy

106 of 136 sections shown

s.263 Bankruptcy applications to an adjudicator

amended 5 times

s.263 Debtors against whom an adjudicator may make a bankruptcy order

amended 5 times

s.263 Conditions applying to bankruptcy application

amended 5 times

s.263 Determination of bankruptcy application

amended 5 times

s.263 Adjudicator's requests for further information

amended 5 times

s.263 Making of bankruptcy order Regulated

Other duties (1) — Crown / regulator

Adjudicator must issue and notify parties of a bankruptcy orderTribunal / Court

amended 5 times

s.263 Refusal to make a bankruptcy order: review and appeal etc.

amended 5 times

s.263 False representations and omissions Imprisonment

Provide false information in a bankruptcy applicationAny Person

7 years imprisonment · amended 5 times

s.264 Who may present a bankruptcy petition.

amended 17 times (opens in a new tab)

s.265 Creditor's petition: debtors against whom the court may make a bankruptcy order.

amended 12 times (opens in a new tab)

s.266 Other preliminary conditions.

amended 4 times (opens in a new tab)

s.267 Grounds of creditor’s petition.

amended 3 times (opens in a new tab)

s.268 Definition of “inability to pay”, etc.; the statutory demand.

amended 2 times (opens in a new tab)

s.271 Proceedings on creditor’s petition.

amended 4 times (opens in a new tab)

s.272 Grounds of debtor’s petition.

amended 3 times (opens in a new tab)

s.275 Summary administration.

amended 1 time (opens in a new tab)

s.276 Default in connection with voluntary arrangement.

amended 1 time (opens in a new tab)

s.277 Petition based on criminal bankruptcy order.

amended 2 times (opens in a new tab)

s.278 Commencement and continuance.

amended 1 time (opens in a new tab)

s.279 Duration

amended 4 times (opens in a new tab)

s.280 Discharge by order of the court.

amended 3 times (opens in a new tab)

s.281 Effect of discharge.

amended 9 times (opens in a new tab)

s.281 Post-discharge restrictions

amended 9 times

s.282 Court’s power to annul bankruptcy order.

amended 7 times (opens in a new tab)

s.283 Definition of bankrupt’s estate.

amended 6 times (opens in a new tab)

s.283 Bankrupt’s home ceasing to form part of estate

amended 6 times

s.284 Restrictions on dispositions of property.

amended 8 times (opens in a new tab)

s.285 Restriction on proceedings and remedies. Regulated

Do not enforce debts or take legal action against a bankrupt without court permissionTrader

amended 3 times (opens in a new tab)

s.286 Power to appoint interim receiver.

amended 4 times (opens in a new tab)

s.287 Powers of interim receiver. Regulated

Other duties (1) — Crown / regulator

Interim receiver must protect debtor property and may sell perishable goodsStatutory regulator

amended 17 times (opens in a new tab)

s.288 Statement of affairs.

amended 8 times (opens in a new tab)

s.289 Investigatory duties of official receiver

amended 1 time (opens in a new tab)

s.290 Public examination of bankrupt. Prosecution

Attend and answer questions at a public examination if bankruptAny Person

Unlimited fine · amended 1 time (opens in a new tab)

s.291 Duties of bankrupt in relation to official receiver. Prosecution

Provide information and attend meetings with the Official ReceiverAny Person

Unlimited fine · amended 1 time (opens in a new tab)

s.291 First trustee in bankruptcy Regulated

Trustee in bankruptcy must notify creditors of their appointmentTrustee

amended 1 time

s.292 Appointment of trustees: general provision

amended 5 times (opens in a new tab)

s.293 Summoning of meeting to appoint first trustee.

amended 4 times (opens in a new tab)

s.294 Power of creditors to requisition meeting.

amended 2 times (opens in a new tab)

s.295 Failure of meeting to appoint trustee.

amended 2 times (opens in a new tab)

s.296 Appointment of trustee by Secretary of State.

amended 4 times (opens in a new tab)

s.297 Special cases.

amended 7 times (opens in a new tab)

s.298 Removal of trustee; vacation of office.

amended 18 times (opens in a new tab)

s.299 Release of trustee.

amended 10 times (opens in a new tab)

s.300 Vacancy in office as trustee.

amended 8 times (opens in a new tab)

s.301 Creditors’ committee.

amended 5 times (opens in a new tab)

s.302 Exercise by Secretary of State of functions of creditors’ committee.

amended 1 time (opens in a new tab)

s.303 General control of trustee by the court.

amended 4 times (opens in a new tab)

s.304 Liability of trustee.

amended 1 time (opens in a new tab)

s.305 General functions of trustee.

amended 1 time (opens in a new tab)

s.307 After-acquired property.

amended 11 times (opens in a new tab)

s.310 Income payments orders.

amended 14 times (opens in a new tab)

s.310 Income payments agreement

amended 14 times

s.311 Acquisition by trustee of control. Regulated

Trustee in bankruptcy must take control of assets and recordsTrustee

s.312 Obligation to surrender control to trustee. Prosecution

Surrender all business records and property to the bankruptcy trusteeAny Person

Unlimited fine

s.313 Charge on bankrupt’s home.

amended 6 times (opens in a new tab)

s.313 Low value home: application for sale, possession or charge

amended 6 times

s.314 Powers of trustee.

amended 7 times (opens in a new tab)

s.315 Disclaimer (general power).

amended 2 times (opens in a new tab)

s.320 Court order vesting disclaimed property.

amended 2 times (opens in a new tab)

s.321 Order under s. 320 in respect of leaseholds.

amended 1 time (opens in a new tab)

s.322 Proof of debts. Regulated

Trustee must estimate value of contingent bankruptcy debtsTrustee

s.323 Mutual credit and set-off.

amended 1 time (opens in a new tab)

s.324 Distribution by means of dividend. Regulated

Distribute bankruptcy dividends to creditorsTrustee

s.328 Priority of debts.

amended 16 times (opens in a new tab)

s.329 Debts to spouse.

amended 3 times (opens in a new tab)

s.330 Final distribution.

amended 6 times (opens in a new tab)

s.331 Final report. Regulated

Provide final report and notice to creditors at the end of bankruptcyTrustee

amended 4 times (opens in a new tab)

s.332 Saving for bankrupt’s home.

amended 2 times (opens in a new tab)

s.333 Duties of bankrupt in relation to trustee. Regulated

Cooperate with your trustee and report any new assets or incomeAny Person

s.334 Stay of distribution in case of second bankruptcy.

amended 1 time (opens in a new tab)

s.336 Rights of occupation etc. of bankrupt’s spouse or civil partner. Regulated

Other duties (1) — Crown / regulator

Courts must balance creditor and family interests in bankruptcy property ordersTribunal / Court

amended 13 times (opens in a new tab)

s.337 Rights of occupation of bankrupt.

amended 9 times (opens in a new tab)

s.338 Payments in respect of premises occupied by bankrupt.

amended 1 time (opens in a new tab)

s.339 Transactions at an undervalue.

amended 9 times (opens in a new tab)

s.340 Preferences.

amended 4 times (opens in a new tab)

s.341 “Relevant time” under ss. 339, 340.

amended 3 times (opens in a new tab)

s.342 Orders under ss. 339, 340.

amended 8 times (opens in a new tab)

s.342 Recovery of excessive pension contributions.

amended 8 times

s.342 Orders under section 342A.

amended 8 times

s.342 Orders under section 342A: supplementary. Regulated

Provide pension arrangement information to bankruptcy trustee on requestAny Person

amended 8 times

s.342 Recovery of excessive contributions in pension-sharing cases.

amended 8 times

s.342 Orders under section 339 or 340 in respect of pension-sharing transactions. Regulated

Other duties (1) — Crown / regulator

Courts may order pension providers to repay funds in bankruptcy casesTribunal / Court

amended 8 times

s.342 Orders under section 339 or 340 in pension-sharing cases: supplementary. Regulated

Provide pension information to a trustee in bankruptcyAny Person

amended 8 times

s.343 Extortionate credit transactions.

amended 3 times (opens in a new tab)

s.344 Avoidance of general assignment of book debts.

amended 2 times (opens in a new tab)

s.345 Contracts to which bankrupt is a party.

amended 2 times (opens in a new tab)

s.346 Enforcement procedures.

amended 12 times (opens in a new tab)

s.347 Distress, etc.

amended 20 times (opens in a new tab)

s.348 Apprenticeships, etc.

amended 1 time (opens in a new tab)

s.349 Unenforceability of liens on books, etc.

amended 1 time (opens in a new tab)

s.349 Arbitration agreements to which bankrupt is party.

amended 1 time

s.350 Scheme of this Chapter. Imprisonment

Criminal conduct during or leading up to bankruptcyAny Person

7 years imprisonment · amended 2 times (opens in a new tab)

s.351 Definitions.

amended 2 times (opens in a new tab)

s.354 Concealment of property. Regulated

Concealment or non-delivery of property by a bankruptAny Person
Conceal property or fail to deliver it up during bankruptcyAny Person

amended 3 times (opens in a new tab)

s.355 Concealment of books and papers; falsification.

amended 4 times (opens in a new tab)

s.356 False statements. Regulated

Make false statements in bankruptcyAny Person
Make false statements or hide information during bankruptcyAny Person

amended 4 times (opens in a new tab)

s.357 Fraudulent disposal of property. Prosecution

Fraudulently give away or hide property before bankruptcyAny Person
Fraudulently hide or transfer property before bankruptcyAny Person

Unlimited fine

s.358 Absconding. Regulated

Absconding with assets during bankruptcyAny Person
Abscond with property during bankruptcyAny Person

amended 1 time (opens in a new tab)

s.359 Fraudulent dealing with property obtained on credit. Regulated

Fraudulently dispose of or acquire goods obtained on creditAny Person
Fraudulently dispose of property obtained on credit while bankruptAny Person

amended 3 times (opens in a new tab)

s.360 Obtaining credit; engaging in business. Regulated

Obtain credit or trade under a different name while bankruptAny Person

amended 3 times (opens in a new tab)

s.361 Failure to keep proper accounts of business.

amended 1 time (opens in a new tab)

s.362 Gambling.

amended 1 time (opens in a new tab)

s.364 Power of arrest.

amended 2 times (opens in a new tab)

s.366 Inquiry into bankrupt’s dealings and property.

amended 3 times (opens in a new tab)

s.370 Power to appoint special manager. Regulated

Provide security and keep accounts if appointed as special managerAny Person

amended 2 times (opens in a new tab)

s.371 Re-direction of bankrupt’s letters, etc.

amended 2 times (opens in a new tab)

30 other sections in this Part — procedural and definitional

s.269 Creditor with security.

s.270 Expedited petition.

s.273 Appointment of insolvency practitioner by the court.

s.274 Action on report of insolvency practitioner.

s.274 Debtor who meets conditions for a debt relief order

s.306 Vesting of bankrupt’s estate in trustee.

s.306 Property subject to restraint order

s.306 Property released from detention

s.306 Property in respect of which receivership or administration order made

s.306 Property in respect of which realisation order made

s.306 Property subject to certain orders where confiscation order discharged or quashed

s.308 Vesting in trustee of certain items of excess value.

s.308 Vesting in trustee of certain tenancies.

s.309 Time-limit for notice under s. 307 or 308.

s.316 Notice requiring trustee’s decision.

s.317 Disclaimer of leaseholds.

s.318 Disclaimer of dwelling house.

s.319 Disclaimer of land subject to rentcharge.

s.325 Claims by unsatisfied creditors.

s.326 Distribution of property in specie.

s.327 Distribution in criminal bankruptcy.

s.335 Adjustment between earlier and later bankruptcy estates.

s.335 Rights under trusts of land.

s.352 Defence of innocent intention.

s.353 Non-disclosure.

s.363 General control of court.

s.365 Seizure of bankrupt’s property.

s.367 Court’s enforcement powers under s. 366.

s.368 Provision corresponding to s. 366, where interim receiver appointed.

s.369 Order for production of documents by inland revenue.

Part 10

Individual Insolvency: General Provisions

14 of 15 sections shown

s.372 Supplies of gas, water, electricity, etc. Regulated

Do not demand payment of pre-bankruptcy arrears as condition of continued utility supplyDistributor

amended 15 times (opens in a new tab)

s.372 Further protection of essential supplies

amended 15 times

s.373 Jurisdiction in relation to insolvent individuals.

amended 6 times (opens in a new tab)

s.374 Insolvency districts.

amended 4 times (opens in a new tab)

s.375 Appeals etc. from courts exercising insolvency jurisdiction.

amended 3 times (opens in a new tab)

s.376 Time-limits.

amended 1 time (opens in a new tab)

s.378 Exemption from stamp duty. Regulated

Claim stamp duty exemption for bankruptcy-related property transfersTrustee

s.379 Annual report. Regulated

Other duties (1) — Crown / regulator

Secretary of State must produce an annual report on insolvency lawCrown / Minister / Government department

amended 1 time (opens in a new tab)

s.379 Remote attendance at meetings

amended 1 time

s.379 Use of websites

amended 1 time

s.379 Creditors' ability to opt out of receiving certain notices

amended 1 time

s.379 Creditors' decisions: general

amended 1 time

s.379 Deemed consent procedure Regulated

Use deemed consent for creditor decisions where appropriateAny Person

amended 1 time

s.379 Power to amend sections 379ZA and 379ZB

amended 1 time

1 other section in this Part — procedural and definitional

s.377 Formal defects.

Part 11

Interpretation for Second Group of Parts

6 of 7 sections shown

s.381 “Bankrupt” and associated terminology.

amended 3 times (opens in a new tab)

s.382 “Bankruptcy debt, “liability” ”

amended 2 times (opens in a new tab)

s.383 “Creditor”, “security”, etc.

amended 2 times (opens in a new tab)

s.383 “Opted-out creditor”

amended 2 times

s.384 “Prescribed” and “the rules”.

amended 6 times (opens in a new tab)

s.385 Miscellaneous definitions.

amended 10 times (opens in a new tab)

1 other section in this Part — procedural and definitional

s.380 Introductory.

Part 12

Preferential and non-preferential debts in Company and Individual Insolvency

3 of 3 sections shown

s.386 Categories of preferential debts.

amended 20 times (opens in a new tab)

s.387 “The relevant date”.

amended 31 times (opens in a new tab)

s.387 Financial institutions and their non-preferential debts

amended 31 times

Part 13

Insolvency Practitioners and their Qualification

30 of 35 sections shown

s.388 Meaning of “act as insolvency practitioner”

amended 25 times (opens in a new tab)

s.389 Acting without qualification an offence.

amended 7 times (opens in a new tab)

s.389 Authorisation of nominees and supervisors.

amended 7 times

s.389 Official receiver as nominee or supervisor

amended 7 times

s.390 Persons not qualified to act as insolvency practitioners.

amended 23 times (opens in a new tab)

s.390 Authorisation

amended 23 times

s.390 Partial authorisation: acting in relation to partnerships Regulated

Act as an insolvency practitioner while partially authorised onlyAny Person

amended 23 times

s.391 Recognised professional bodies

amended 8 times (opens in a new tab)

s.391 Application for recognition as recognised professional body

amended 8 times

s.391 Application of regulatory objectives Regulated

Other duties (1) — Crown / regulator

Recognised professional bodies must follow regulatory objectivesStatutory regulator

amended 8 times

s.391 Meaning of “regulatory functions” and “regulatory objectives”

amended 8 times

s.391 Directions

amended 8 times

s.391 Directions: procedure

amended 8 times

s.391 Financial penalty

amended 8 times

s.391 Financial penalty: procedure

amended 8 times

s.391 Appeal against financial penalty

amended 8 times

s.391 Recovery of financial penalties

amended 8 times

s.391 Reprimand

amended 8 times

s.391 Reprimand: procedure

amended 8 times

s.391 Revocation of recognition at instigation of Secretary of State

amended 8 times

s.391 Orders under section 391L: procedure Regulated

Other duties (1) — Crown / regulator

Secretary of State must follow specific procedures before revoking recognitionCrown / Minister / Government department

amended 8 times

s.391 Revocation of recognition at request of body

amended 8 times

s.391 Direct sanctions orders Regulated

Other duties (1) — Crown / regulator

Professional bodies must implement court orders against insolvency practitionersStatutory regulator

amended 8 times

s.391 Application for, and power to make, direct sanctions order

amended 8 times

s.391 Direct sanctions order: conditions

amended 8 times

s.391 Direct sanctions direction instead of order Regulated

Other duties (1) — Crown / regulator

Secretary of State may issue a direct sanctions direction to an IPCrown / Minister / Government department

amended 8 times

s.391 Power for Secretary of State to obtain information

amended 8 times

s.391 Compliance orders

amended 8 times

s.392 Authorisation by competent authority.

amended 1 time (opens in a new tab)

s.393 Grant, refusal and withdrawal of authorisation.

amended 4 times (opens in a new tab)

5 other sections in this Part — procedural and definitional

s.394 Notices.

s.395 Right to make representations.

s.396 Reference to Tribunal.

s.397 Action of Tribunal on reference.

s.398 Refusal or withdrawal without reference to Tribunal.

Part 14

Public Administration (England and Wales)

6 of 13 sections shown

s.399 Appointment, etc. of official receivers.

amended 9 times (opens in a new tab)

s.400 Functions and status of official receivers. Regulated

Other duties (1) — Crown / regulator

Official receivers must perform duties directed by the Secretary of StateStatutory regulator

s.403 Insolvency Services Account. Regulated

Other duties (1) — Crown / regulator

Secretary of State must manage and invest insolvency fundsCrown / Minister / Government department

s.405 Application of income in Investment Account; adjustment of balances.

amended 1 time (opens in a new tab)

s.406 Interest on money received by liquidators or trustees in bankruptcy and invested. Regulated

Other duties (1) — Crown / regulator

Secretary of State must certify interest and tax on insolvency accountsCrown / Minister / Government department

amended 1 time (opens in a new tab)

s.408 Adjustment of balances

amended 1 time (opens in a new tab)

7 other sections in this Part — procedural and definitional

s.398 Appointment etc of adjudicators and assistants

s.401 Deputy official receivers and staff.

s.402 Official Petitioner.

s.404 Investment Account.

s.407 Unclaimed dividends and undistributed balances.

s.409 Annual financial statement and audit.

s.410 Extent of this Part.

Part 15

Subordinate Legislation

15 of 17 sections shown

s.411 Company insolvency rules.

amended 49 times (opens in a new tab)

s.412 Individual insolvency rules (England and Wales).

amended 10 times (opens in a new tab)

s.413 Insolvency Rules Committee. Regulated

Other duties (1) — Crown / regulator

Lord Chancellor must consult the Insolvency Rules Committee before making rulesCrown / Minister / Government department

amended 15 times (opens in a new tab)

s.414 Fees orders (company insolvency proceedings).

amended 13 times (opens in a new tab)

s.415 Fees orders (individual insolvency proceedings in England and Wales).

amended 6 times (opens in a new tab)

s.415 Fees orders (general)

amended 6 times

s.415 Monetary limits (company moratorium)

amended 6 times

s.416 Monetary limits (companies winding up).

amended 4 times (opens in a new tab)

s.418 Monetary limits (bankruptcy).

amended 3 times (opens in a new tab)

s.419 Regulations for purposes of Part XIII.

amended 3 times (opens in a new tab)

s.420 Insolvent partnerships.

amended 9 times (opens in a new tab)

s.421 Insolvent estates of deceased persons.

amended 9 times (opens in a new tab)

s.421 Insolvent estates: joint tenancies.

amended 9 times

s.422 Formerly authorised banks.

amended 9 times (opens in a new tab)

s.422 Meaning of “relevant offence”

amended 9 times

2 other sections in this Part — procedural and definitional

s.417 Money sum in s. 222.

s.417 Money sums (company moratorium).

Part 16

Provisions Against Debt Avoidance (England and Wales only)

3 of 3 sections shown

s.423 Transactions defrauding creditors.

amended 12 times (opens in a new tab)

s.424 Those who may apply for an order under s. 423.

amended 6 times (opens in a new tab)

s.425 Provision which may be made by order under s. 423.

amended 3 times (opens in a new tab)

Part 17

SUPPLEMENTARY PROVISIONS

5 of 5 sections shown

s.434 Introductory

amended 3 times

s.434 Representation of corporations in decision procedures and at meetings

amended 3 times

s.434 Legal professional privilege

amended 3 times

s.434 Enforcement of company's filing obligations

amended 3 times

s.434 Application of filing obligations to overseas companies Regulated

Overseas companies must follow UK insolvency filing rulesTrader

amended 3 times

Part 17

Miscellaneous and General

12 of 12 sections shown

s.426 Co-operation between courts exercising jurisdiction in relation to insolvency.

amended 12 times (opens in a new tab)

s.426 Disqualification from Parliament (England and Wales and Northern Ireland)

amended 12 times

s.426 Devolution Regulated

Other duties (1) — Crown / regulator

Courts and Government must notify devolved bodies of member insolvencyTribunal / Court

amended 12 times

s.426 Irrelevance of privilege

amended 12 times

s.427 Disqualification from Parliament (Scotland ...)

amended 19 times (opens in a new tab)

s.428 Exemptions from Restrictive Trade Practices Act.

amended 1 time (opens in a new tab)

s.429 Disabilities on revocation of administration order against an individual. Prosecution

Fail to disclose credit restrictions after court order revocationAny Person
Obtain credit or trade without disclosing administration order revocationAny Person

Unlimited fine · amended 5 times (opens in a new tab)

s.430 Provision introducing Schedule of punishments.

amended 8 times (opens in a new tab)

s.431 Summary proceedings.

amended 20 times (opens in a new tab)

s.432 Offences by bodies corporate. Regulated

Personal liability of officers for corporate insolvency offencesDirector or Officer

amended 6 times (opens in a new tab)

s.433 Admissibility in evidence of statements of affairs, etc.

amended 9 times (opens in a new tab)

s.434 Crown application.

amended 3 times (opens in a new tab)

Part 18

Interpretation

4 of 4 sections shown

s.435 Meaning of “associate”.

amended 16 times (opens in a new tab)

s.436 Expressions used generally.

amended 19 times (opens in a new tab)

s.436 Proceedings under EU Regulations : modified definition of property

amended 19 times

s.436 References to things in writing

amended 19 times

Part 19

Final Provisions

3 of 8 sections shown

s.437 Transitional provisions, and savings.

amended 1 time (opens in a new tab)

s.440 Extent (Scotland).

amended 2 times (opens in a new tab)

s.441 Extent (Northern Ireland).

amended 1 time (opens in a new tab)

5 other sections in this Part — procedural and definitional

s.438 Repeals.

s.439 Amendment of enactments.

s.442 Extent (other territories).

s.443 Commencement.

s.444 Citation.

Schedules

38 of 524 shown

s.sch004a Registration Regulated

Other duties (1) — Crown / regulator

Secretary of State must maintain a register of bankruptcy restrictionsCrown / Minister / Government department

s.sch004a Grounds for making order Regulated

Other duties (1) — Crown / regulator

Court must consider bankrupt's conduct when deciding restrictions orderTribunal / Court

s.sch009 Provision requiring registrars and other officers of courts having jurisdiction... Regulated

Other duties (1) — Crown / regulator

Court officers must keep insolvency records and report to the Secretary of StateCrown / Minister / Government department

s.sch009 Provision requiring an adjudicator to make returns to the Secretary... Regulated

Other duties (1) — Crown / regulator

Adjudicator must make returns to Secretary of StateCrown / Minister / Government department

s.sch009 Provision requiring official receivers— (a) to keep files and other... Regulated

Other duties (1) — Crown / regulator

Official receivers must keep bankruptcy records and allow inspectionCrown / Minister / Government department

s.schedule b1 para.113 Where property in Scotland is disposed of under paragraph 70... Regulated

Grant transfer document when disposing of Scottish property in administrationDirector or Officer

s.schedule b1 para.116 In Scotland, the administrator in making any payment in accordance... Regulated

Pay administrator expenses and creditors in the correct priority orderDirector or Officer

s.schedule b1 para.15 Restrictions on power to appoint Regulated

Notify prior floating charge holders before appointing an administratorAny Person

s.schedule b1 para.18 Notice of appointment Regulated

Make a false statement in administrator appointment declarationAny Person

s.schedule b1 para.20 A person who appoints an administrator under paragraph 14— Prosecution

Fail to notify administrator after appointmentAny Person

Unlimited fine

s.schedule b1 para.27 (1) A person who gives notice of intention to appoint... Regulated

Make false statement in statutory declaration for administrator appointmentAny Person

s.schedule b1 para.28 (1) An appointment may not be made under paragraph 22... Regulated

Comply with notice and timing rules before appointing an administratorAny Person

s.schedule b1 para.29 Notice of appointment Regulated

Make false statement in administrator appointment declarationAny Person

s.schedule b1 para.32 A person who appoints an administrator under paragraph 22— Regulated

Fail to notify administrator after appointmentAny Person

s.schedule b1 para.37 Application where company in liquidation Regulated

Holder of qualifying floating charge may apply to court to switch liquidation to administrationTrader

s.schedule b1 para.38 (1) The liquidator of a company may make an administration... Regulated

Other duties (1) — Crown / regulator

Court must discharge winding-up order and specify administrator's powers on granting administration orderTribunal / Court

s.schedule b1 para.4 The administrator of a company must perform his functions as... Regulated

Administrator must perform functions quickly and efficientlyDirector or Officer

s.schedule b1 para.41 Dismissal of administrative or other receiver Regulated

Receivers must vacate office when company enters administrationDirector or Officer

s.schedule b1 para.43 Moratorium on other legal process Regulated

Do not enforce claims against a company in administration without consentLandlord

s.schedule b1 para.45 Publicity Prosecution

Fail to show administrator's name on business documentsDirector or Officer

Unlimited fine

s.schedule b1 para.46 Announcement of administrator’s appointment Regulated

Fail to comply with administrator's notification dutiesAny Person

s.schedule b1 para.48 (1) A person required to submit a statement of affairs... Prosecution

Fail to submit a statement of affairs (administration)Any Person

Unlimited fine

s.schedule b1 para.49 Administrator’s proposals Regulated

Prepare and send statement of proposals within 8 weeks of administrationDirector or Officer

s.schedule b1 para.51 Consideration of administrator's proposals by creditors Prosecution

Fail to obtain creditor approval of administration proposalsAny Person

Unlimited fine

s.schedule b1 para.53 Creditors' decision Regulated

Fail to report creditors' decision on administrator's proposalsAny Person

s.schedule b1 para.54 Revision of administrator’s proposals Prosecution

Fail to report creditors' decision on administrator's proposalsAny Person

Unlimited fine

s.schedule b1 para.56 Further creditors’ decisions Prosecution

Fail to seek creditor decision when requiredAny Person

Unlimited fine

s.schedule b1 para.67 General duties Regulated

Take control of company property on appointment as administratorDirector or Officer

s.schedule b1 para.68 (1) Subject to sub-paragraph (2), the administrator of a company... Regulated

Manage company’s affairs according to approved proposals and court directionsDirector or Officer

s.schedule b1 para.71 Charged property: non-floating charge Regulated

Fail to send administration court order to registrar of companiesAny Person

s.schedule b1 para.72 Hire-purchase property Regulated

Fail to send court order to Companies HouseAny Person

s.schedule b1 para.77 (1) An order of the court under paragraph 76— Regulated

Fail to notify Companies House of court order ending administrationAny Person

s.schedule b1 para.78 (1) In paragraph 76(2)(b) “ consent ” means consent of—... Prosecution

Fail to notify extension of administrationAny Person

Unlimited fine

s.schedule b1 para.79 Court ending administration on application of administrator Regulated

Administrator must apply to court to end administration in certain circumstancesDirector or Officer

s.schedule b1 para.80 Termination of administration where objective achieved Regulated

Fail to notify creditors after ending administrationAny Person

s.schedule b1 para.84 Moving from administration to dissolution Regulated

Fail to send notice and notify creditors after administration endsAny Person

s.schedule b1 para.86 Notice to Companies Registrar where administration ends Prosecution

Fail to notify Companies House that administration has endedAny Person

Unlimited fine

s.schedule b1 para.89 Administrator ceasing to be qualified Regulated

Fail to notify ceasing to be qualified as administratorAny Person

486 other schedules

s.001 Powers of Administrator or Administrative Receiver

s.003 Orders in Course of Winding Up Pronounced in Vacation (Scotland)

s.004 Powers of Liquidator in a Winding Up

s.005 Powers of Trustee in Bankruptcy

s.006 The Categories of Preferential Debts

s.007 Insolvency Practitioners Tribunal

s.011 Transitional Provisions and Savings

s.012 Enactments Repealed

s.013 Consequential Amendments of Companies Act 1985

s.sch001 Power to take possession of, collect and get in the...

s.sch001 Power to draw, accept, make and endorse any bill of...

s.sch001 Power to appoint any agent to do any business which...

s.sch001 Power to do all such things (including the carrying out...

s.sch001 Power to make any payment which is necessary or incidental...

s.sch001 Power to carry on the business of the company.

s.sch001 Power to establish subsidiaries of the company.

s.sch001 Power to transfer to subsidiaries of the company the whole...

s.sch001 Power to grant or accept a surrender of a lease...

s.sch001 Power to make any arrangement or compromise on behalf of...

s.sch001 Power to call up any uncalled capital of the company....

s.sch001 Power to sell or otherwise dispose of the property of...

s.sch001 Power to rank and claim in the bankruptcy, insolvency, sequestration...

s.sch001 Power to present or defend a petition for the winding...

s.sch001 Power to change the situation of the company’s registered office....

s.sch001 Power to do all other things incidental to the exercise...

s.sch001 Power to raise or borrow money and grant security therefor...

s.sch001 Power to appoint a solicitor or accountant or other professionally...

s.sch001 Power to bring or defend any action or other legal...

s.sch001 Power to refer to arbitration any question affecting the company....

s.sch001 Power to effect and maintain insurances in respect of the...

s.sch001 Power to use the company’s seal.

s.sch001 Power to do all acts and to execute in the...

s.sch002 Powers of a Scottish Receiver (Additional to Those Conferred on him by the Instrument of Charge)

s.sch002 Power to take possession of, collect and get in the...

s.sch002 Power to to draw, accept, make and endorse any bill...

s.sch002 Power to to appoint any agent to do any business...

s.sch002 Power to do all such things (including the carrying out...

s.sch002 Power to make any payment which is necessary or incidental...

s.sch002 Power to carry on the business of the company or...

s.sch002 Power to grant or accept a surrender of a lease...

s.sch002 Power to make any arrangement or compromise on behalf of...

s.sch002 Power to call up any uncalled capital of the company....

s.sch002 Power to to establish subsidiaries of the company.

s.sch002 Power to to transfer to subsidiaries of the company the...

s.sch002 Power to sell, feu, hire out or otherwise dispose of...

s.sch002 Power to rank and claim in the bankruptcy, insolvency, sequestration...

s.sch002 Power to present or defend a petition for the winding...

s.sch002 Power to change the situation of the company’s registered office....

s.sch002 Power to do all other things incidental to the exercise...

s.sch002 Power to raise or borrow money and grant security therefor...

s.sch002 Power to appoint a solicitor or accountant or other professionally...

s.sch002 Power to bring or defend any action or other legal...

s.sch002 Power to refer to arbitration all questions affecting the company....

s.sch002 Power to effect and maintain insurances in respect of the...

s.sch002 Power to use the company’s seal.

s.sch002 Power to do all acts and to execute in the...

s.sch002a EXCEPTIONS TO PROHIBITION ON APPOINTMENT OF ADMINISTRATIVE RECEIVER: SUPPLEMENTARY PROVISIONS

s.sch002a Capital market arrangement

s.sch002a Regulated business

s.sch002a “Person”

s.sch002a Capital market investment

s.sch002a (1) An investment is also a capital market investment for...

s.sch002a “Agreement”

s.sch002a Debt

s.sch002a Step-in rights

s.sch002a Project company

s.sch002a “Resources”

s.sch002a “Public body”

s.sch004 Power to pay any class of creditors in full.

s.sch004 Power to raise on the security of the assets of...

s.sch004 Power to take out in his official name letters of...

s.sch004 Power to appoint an agent to do any business which...

s.sch004 Power to do all such other things as may be...

s.sch004 Power to make any compromise or arrangement with creditors or...

s.sch004 Power to bring legal proceedings under section 213, 214, 238,...

s.sch004 Power to bring or defend any action or other legal...

s.sch004 Power to carry on the business of the company so...

s.sch004 Power to sell any of the company’s property by public...

s.sch004 In the case of a winding up in England and...

s.sch004 Power to do all acts and execute, in the name...

s.sch004 Power to prove, rank and claim in the bankruptcy, insolvency...

s.sch004 Power to draw, accept, make and indorse any bill of...

s.sch004a Bankruptcy restrictions order

s.sch004a Effect of annulment of bankruptcy order

s.sch004a Where a bankruptcy order is annulled under section 261 ......

s.sch004a Timing of application for order

s.sch004a Duration of order

s.sch004a Interim bankruptcy restrictions order

s.sch004a (1) This paragraph applies to a case in which both...

s.sch004a Bankruptcy restrictions undertaking

s.sch004a A reference in an enactment to a person in respect...

s.sch004a (1) A bankruptcy restrictions undertaking— (a) shall come into force...

s.sch004za Conditions for making a debt relief order

s.sch004za (1) The debtor— (a) is domiciled in England and Wales...

s.sch004za (1) The debtor has not given a preference to any...

s.sch004za The debtor is not, on the determination date—

s.sch004za A bankruptcy application under Part 9— (a) has not been...

s.sch004za A creditor's petition for the debtor's bankruptcy under Part 9—...

s.sch004za A debt relief order has not been made in relation...

s.sch004za (1) The total amount of the debtor's debts on the...

s.sch004za (1) The debtor's monthly surplus income (if any) on the...

s.sch004za (1) The total value of the debtor's property on the...

s.sch004za (1) The debtor has not entered into a transaction with...

s.sch004zb Debt relief restrictions orders and undertakings

s.sch004zb (1) A debt relief restrictions order may be made by...

s.sch004zb Unless the court directs otherwise, the revocation at any time...

s.sch004zb (1) The court shall grant an application for a debt...

s.sch004zb An application for a debt relief restrictions order in respect...

s.sch004zb (1) A debt relief restrictions order— (a) comes into force...

s.sch004zb (1) This paragraph applies at any time between—

s.sch004zb (1) This paragraph applies to a case in which both...

s.sch004zb (1) A debtor may offer a debt relief restrictions undertaking...

s.sch004zb A reference in an enactment to a person in respect...

s.sch004zb (1) A debt relief restrictions undertaking— (a) comes into force...

s.sch004zza Essential supplies

s.sch004zza Securitisation companies

s.sch004zza Overseas activities

s.sch004zza Introductory

s.sch004zza Financial contracts

s.sch004zza Securities financing transactions

s.sch004zza Derivatives

s.sch004zza Spot contracts

s.sch004zza Capital market investments

s.sch004zza Contracts forming part of a public-private partnership

s.sch004zza Financial markets and insolvency

s.sch004zza Introductory

s.sch004zza Set-off and netting

s.sch004zza Aircraft equipment

s.sch004zza Insurers

s.sch004zza Banks

s.sch004zza Electronic money institutions

s.sch004zza Investment banks and investment firms

s.sch004zza Payment institutions

s.sch004zza Operators of payment systems, infrastructure providers etc

s.sch004zza Recognised investment exchanges etc

s.sch005 Power to carry on any business of the bankrupt so...

s.sch005 Power to give receipts for any money received by him,...

s.sch005 Power to prove, rank, claim and draw a dividend in...

s.sch005 Power to exercise in relation to any property comprised in...

s.sch005 Power to deal with any property comprised in the estate...

s.sch005 For the purposes of, or in connection with, the exercise...

s.sch005 Power to bring, institute or defend any action or legal...

s.sch005 Power to bring legal proceedings under section 339, 340 or...

s.sch005 Power to accept as the consideration for the sale of...

s.sch005 Power to mortgage or pledge any part of the property...

s.sch005 Power, where any right, option or other power forms part...

s.sch005 Power to refer to arbitration, or compromise on such terms...

s.sch005 Power to make such compromise or other arrangement as may...

s.sch005 Power to make such compromise or other arrangement as ay...

s.sch005 Power to sell any part of the property for the...

s.sch005 Power to refer to arbitration, or compromise on such terms...

s.sch005 Power to make such compromise or other arrangement as may...

s.sch006 Sums due at the relevant date from the debtor on...

s.sch006 An amount owed by way of accrued holiday remuneration, in...

s.sch006 So much of any sum owed in respect of money...

s.sch006 So much of any amount owed at the relevant date...

s.sch006 So much of any amount which— (a) is ordered (whether...

s.sch006 An amount owed at the relevant date by the debtor...

s.sch006 (1) For the purposes of paragraphs 9 to 12, a...

s.sch006 (1) This paragraph relates to a case in which a...

s.sch006 Without prejudice to paragraphs 13 and 14—

s.sch006 Any sums due at the relevant date from the debtor...

s.sch006 Any debt owed by the debtor to the scheme manager...

s.sch006 So much of any amount owed at the relevant date...

s.sch006 (A1) In paragraph 15AA “the scheme manager” has the meaning...

s.sch006 (1) Any amount owed at the relevant date by the...

s.sch006 An order under paragraph 9 or 12—

s.sch006 Sums due to the relevant date from the debtor in...

s.sch006 Any value added tax which is referable to the period...

s.sch006 Any insurance premium tax which is referable to the period...

s.sch006 Any landfill tax which is referable to the period of...

s.sch006 Any climate change levy which is referable to the period...

s.sch006 Any aggregates levy which is referable to the period of...

s.sch006 The amount of any car tax which is due at...

s.sch006 Any amount which is due— (a) by way of general...

s.sch006 The amount of any excise duty on beer which is...

s.sch006 Any amount which is due by way of lottery duty...

s.sch006 Any amount which is due by way of air passenger...

s.sch006 All sums which on the relevant date are due from...

s.sch006 All sums which on the relevant date have been assessed...

s.sch006 Any sum which is owed by the debtor and is...

s.sch006 So much of any amount which— (a) is owed by...

s.sch007 (1) The Secretary of State shall draw up and from...

s.sch007 The Secretary of State may out of money provided by...

s.sch007 (1) For the purposes of carrying out their functions in...

s.sch007 (1) Any investigation by the Tribunal shall be so conducted...

s.sch008 Provisions Capable of Inclusion in Company Insolvency Rules

s.sch008 Provision for supplementing, in relation to the insolvency or winding...

s.sch008 (1) Provision as to the establishment, functions, membership and proceedings...

s.sch008 Provision as to the manner in which any requirement that...

s.sch008 Provision as to the debts that may be proved in...

s.sch008 Provision with respect to the manner of the distribution of...

s.sch008 Provision for a creditor who has not proved a small...

s.sch008 Provision which, with or without modifications, applies in relation to...

s.sch008 Provision about the application of section 176A of this Act...

s.sch008 Administration

s.sch008 Provision as to the amount, or manner of determining the...

s.sch008 Provision with respect to the manner in which moneys received...

s.sch008 Provision enabling the Secretary of State to set the rate...

s.sch008 Provision as to the fees, costs, charges and other expenses...

s.sch008 (1) Provision for regulating the practice and procedure of any...

s.sch008 Provision requiring registrars and other officers of courts having jurisdiction...

s.sch008 Provision requiring a creditor, member or contributory, or such a...

s.sch008 Provision as to the manner in which public examinations under...

s.sch008 Provision imposing requirements with respect to— (a) the preparation and...

s.sch008 Provision requiring the person who is the supervisor of a...

s.sch008 Provision as to the manner in which the liquidator of...

s.sch008 Provision imposing requirements in connection with the carrying out of...

s.sch008 Provision conferring power on the Secretary of State or the...

s.sch008 Provision conferring a discretion on the court.

s.sch008 Provision conferring power on the court to make orders for...

s.sch008 Provision requiring notice of any proceedings in connection with or...

s.sch008 Provision making non-compliance with any of the rules a criminal...

s.sch008 Provision making different provision for different cases or descriptions of...

s.sch008 Provision with respect to the form, manner of serving, contents...

s.sch008 Provision specifying the persons to whom any notice is to...

s.sch008 Provision for enabling a creditor of a company to elect...

s.sch008 Provision for the registration of voluntary arrangements approved under Part...

s.sch008 Provision as to the manner in which a provisional liquidator...

s.sch008 Provision with respect to the certification of any person as,...

s.sch008 (1) Provision about the making of decisions by creditors and...

s.sch008 The following provision with respect to meetings of a company’s...

s.sch008 Provision about how a company's creditors may nominate a person...

s.sch009 Provisions Capable of Inclusion in Individual Insolvency Rules

s.sch009 Provision with respect to the arrangement and disposition of the...

s.sch009 Provision as to the manner in which the official receiver...

s.sch009 Provision with respect to the certification of the appointment of...

s.sch009 (1) Provision about the making of decisions by creditors, including...

s.sch009 The following provision with respect to meetings of creditors—

s.sch009 Provision about how a bankrupt's creditors may appoint a person...

s.sch009 Provision as to the establishment, functions, membership and proceedings of...

s.sch009 Provision as to the manner in which any requirement that...

s.sch009 Provision as to the manner in which any requirement imposed...

s.sch009 Provision as to the terms and conditions that may be...

s.sch009 Provision as to the debts that may be proved in...

s.sch009 Provision with respect to the manner of the distribution of...

s.sch009 Provision for a creditor who has not proved a small...

s.sch009 Provision modifying the application of Parts VIII to XI of...

s.sch009 Provision for enabling an insolvency and companies court judge ......

s.sch009 Provision as to the amount, or manner of determining the...

s.sch009 Provision with respect to the manner in which moneys received...

s.sch009 Provision enabling the Secretary of State to set the rate...

s.sch009 Provision as to the fees, costs, charges and other expenses...

s.sch009 Provision requiring adjudicators— (a) to keep files and other records...

s.sch009 Provision requiring a person to whom notice is given under...

s.sch009 Provision requiring a creditor or a committee established under section...

s.sch009 Provision as to the manner in which public examinations under...

s.sch009 Provision imposing requirements with respect to— (a) the preparation and...

s.sch009 Provision requiring the person who is the supervisor of a...

s.sch009 Provision as to the manner in which the trustee of...

s.sch009 Bankruptcy restrictions orders and undertakings

s.sch009 Provision for regulating the practice and procedure of any court...

s.sch009 Provision conferring power on the Secretary of State to make...

s.sch009 Provision conferring a discretion on the court.

s.sch009 Provision making non-compliance with any of the rule a criminal...

s.sch009 Provision making different provision for different cases including different provision...

s.sch009 Provision conferring rights of audience, in courts exercising jurisdiction for...

s.sch009 Provision for regulating the practice and procedure of adjudicators in...

s.sch009 Provision about the form and content of a bankruptcy application...

s.sch009 Provision about the making and determining of appeals to the...

s.sch009 Provision requiring notice of any proceedings under Parts 7A to...

s.sch009 Provision with respect to the form, manner of serving, contents...

s.sch009 Provision specifying the persons to whom any notice under Parts...

s.sch009 Provision as to the manner in which the official receiver...

s.sch009 Provision for enabling a creditor of an individual to elect...

s.sch009 Provision as to the manner in which any requirement that...

s.sch009 Provision modifying the application of Part 7A in relation to...

s.sch009 Provision about debt relief restrictions orders, interim orders and undertakings,...

s.sch009 Provision about the register required to be maintained by section...

s.sch009 Provision for the registration of voluntary arrangements approved under Part...

s.sch009 Official receiver acting on voluntary arrangement

s.sch009 Provision as to the manner in which an interim receiver...

s.sch010 Punishment of Offences under this Act

s.sch010 Note:. . . . . . . . . ....

s.sch011 (1) Where any right to appoint an administrative receiver of...

s.sch011 (1) Subject to the following provisions of this Part of...

s.sch011 (1) In relation to any such case as is mentioned...

s.sch011 Transactions entered into before the appointed day have effect on...

s.sch011 (1) Where a person— (a) was adjudged bankrupt before the...

s.sch011 (1) This paragraph applies as regards the trustee in the...

s.sch011 (1) Where a person who is adjudged bankrupt on a...

s.sch011 (1) Sections 334 and 335 of this Act apply with...

s.sch011 (1) A performance given, assignment made or other transaction entered...

s.sch011 (1) Where a bankruptcy order is made under this Act...

s.sch011 (1) The preceding provisions of this Part of this Schedule...

s.sch011 (1) In relation to any receiver or manager of a...

s.sch011 (1) A transaction entered into before the appointed day shall...

s.sch011 Where an individual began to act as an insolvency practitioner...

s.sch011 In this Part of this Schedule, “the former enactments” means...

s.sch011 So far as anything done or treated as done under...

s.sch011 Where any period of time specified in a provision of...

s.sch011 Where in any provision of this Act there is a...

s.sch011 (1) Offences committed before the appointed day under any provision...

s.sch011 (1) A reference in any enactment, instrument or document (whether...

s.sch011 The Secretary of State may by order in a statutory...

s.sch011 Nothing in this Schedule is to be taken as prejudicing...

s.sch011 (1) In relation to any receiver appointed under section 467...

s.sch011 (1) In relation to any winding up which has commenced,...

s.sch011 (1) Where a winding up by the court in England...

s.sch011 (1) This paragraph applies as regards the liquidator in the...

s.sch011 The repeals in Part II of Schedule 10 the Insolvency...

s.sch011 (1) Paragraphs 4 to 7 are without prejudice to the...

s.sch011 (1) Where a provision in Part VI of this Act...

s.sch014 Consequential Amendments of other Enactments

s.schedule/13/part/ii/paragraph/wrapper2n2 In Part XXVI of the Companies Act, after section 735,...

s.schedule a1 para.1 In this Schedule— “ the beginning of the moratorium ”...

s.schedule a1 para.10 (1) When a moratorium comes into force, the nominee shall,...

s.schedule a1 para.11 (1) When a moratorium comes to an end, the nominee...

s.schedule a1 para.12 (1) During the period for which a moratorium is in...

s.schedule a1 para.13 (1) This paragraph applies where there is an uncrystallised floating...

s.schedule a1 para.14 Security granted by a company at a time when a...

s.schedule a1 para.15 (1) Paragraphs 16 to 23 apply in relation to a...

s.schedule a1 para.16 (1) Every invoice, order for goods or services, business letter...

s.schedule a1 para.17 (1) The company may not obtain credit to the extent...

s.schedule a1 para.18 (1) Subject to sub-paragraph (2), the company may only dispose...

s.schedule a1 para.19 (1) Subject to sub-paragraph (2), the company may only make...

s.schedule a1 para.2 (1) A company is eligible for a moratorium if it...

s.schedule a1 para.20 (1) This paragraph applies where— (a) any property of the...

s.schedule a1 para.21 (1) Where property is disposed of under paragraph 20 in...

s.schedule a1 para.22 (1) If the company— (a) without any consent or leave...

s.schedule a1 para.23 (1) If the company enters into any transaction to which...

s.schedule a1 para.24 (1) During a moratorium, the nominee shall monitor the company’s...

s.schedule a1 para.25 (1) The nominee may only withdraw his consent to act...

s.schedule a1 para.26 (1) If any creditor, director or member of the company,...

s.schedule a1 para.27 (1) Where there are reasonable grounds for believing that—

s.schedule a1 para.28 (1) The court may— (a) on an application made by...

s.schedule a1 para.29 (1) Where a moratorium is in force, the nominee shall—...

s.schedule a1 para.3 (1) A company meets the requirements of this paragraph if...

s.schedule a1 para.30 (1) Subject to the provisions of paragraphs 31 to 35,...

s.schedule a1 para.31 (1) This paragraph applies where under paragraph 29—

s.schedule a1 para.32 (1) Subject to sub-paragraph (2), a company meeting summoned under...

s.schedule a1 para.33 (1) The conditions which may be imposed when a moratorium...

s.schedule a1 para.34 (1) If a decision to extend, or further extend, the...

s.schedule a1 para.35 (1) This paragraph applies where in accordance with paragraph 32...

s.schedule a1 para.36 (1) Sub-paragraph (2) applies to references to one of the...

s.schedule a1 para.37 (1) This paragraph applies where a decision approving a voluntary...

s.schedule a1 para.38 (1) Subject to the following provisions of this paragraph, any...

s.schedule a1 para.39 (1) This paragraph applies where a voluntary arrangement has taken...

s.schedule a1 para.4 (1) A company is excluded from being eligible for a...

s.schedule a1 para.40 (1) This paragraph applies in relation to acts or omissions...

s.schedule a1 para.41 (1) This paragraph applies where a moratorium has been obtained...

s.schedule a1 para.42 (1) If, for the purpose of obtaining a moratorium, or...

s.schedule a1 para.43 (1) A provision in an instrument creating a floating charge...

s.schedule a1 para.44 (1) This Schedule has effect in relation to a moratorium...

s.schedule a1 para.45 (1) Regulations or an order made by the Secretary of...

s.schedule a1 para.4a Capital market arrangement

s.schedule a1 para.4b Public private partnership

s.schedule a1 para.4c Liability under an arrangement

s.schedule a1 para.4d Interpretation of capital market arrangement

s.schedule a1 para.4e Capital market investment

s.schedule a1 para.4f (1) For the purposes of paragraphs 4A and 4D an...

s.schedule a1 para.4g Debt

s.schedule a1 para.4h Interpretation of project company

s.schedule a1 para.4i Public-private partnership project

s.schedule a1 para.4j Step-in rights

s.schedule a1 para.4k “Person”

s.schedule a1 para.5 The Secretary of State may by regulations modify the qualifications...

s.schedule a1 para.6 (1) Where the directors of a company wish to obtain...

s.schedule a1 para.7 (1) To obtain a moratorium the directors of a company...

s.schedule a1 para.8 (1) A moratorium comes into force when the documents for...

s.schedule a1 para.9 (1) When a moratorium comes into force, the directors shall...

s.schedule b1 para.1 Administration

s.schedule b1 para.10 Administration order

s.schedule b1 para.100 Joint and concurrent administrators

s.schedule b1 para.101 (1) This paragraph applies where two or more persons are...

s.schedule b1 para.102 (1) This paragraph applies where two or more persons are...

s.schedule b1 para.103 (1) Where a company is in administration, a person may...

s.schedule b1 para.104 Presumption of validity

s.schedule b1 para.105 Majority decision of directors

s.schedule b1 para.106 Penalties

s.schedule b1 para.107 Extension of time limit

s.schedule b1 para.108 (1) A period specified in paragraph 49(5) ... or 51(2)...

s.schedule b1 para.109 Where a period is extended under paragraph 107 or 108,...

s.schedule b1 para.11 Conditions for making order

s.schedule b1 para.110 Amendment of provision about time

s.schedule b1 para.111 Interpretation

s.schedule b1 para.111a Non-UK companies

s.schedule b1 para.112 Scotland

s.schedule b1 para.114 In Scotland, where goods in the possession of a company...

s.schedule b1 para.115 (1) In Scotland, the administrator of a company may make,...

s.schedule b1 para.12 Administration application

s.schedule b1 para.13 Powers of court

s.schedule b1 para.14 Power to appoint

s.schedule b1 para.16 An administrator may not be appointed under paragraph 14 while...

s.schedule b1 para.17 An administrator of a company may not be appointed under...

s.schedule b1 para.19 Commencement of appointment

s.schedule b1 para.2 A person may be appointed as administrator of a company—...

s.schedule b1 para.21 Invalid appointment: indemnity

s.schedule b1 para.22 Power to appoint

s.schedule b1 para.23 Restrictions on power to appoint

s.schedule b1 para.25 An administrator of a company may not be appointed under...

s.schedule b1 para.25a (1) Paragraph 25(a) does not prevent the appointment of an...

s.schedule b1 para.26 Notice of intention to appoint

s.schedule b1 para.3 Purpose of administration

s.schedule b1 para.30 In a case in which no person is entitled to...

s.schedule b1 para.31 Commencement of appointment

s.schedule b1 para.33 If before the requirements of paragraph 29 are satisfied the...

s.schedule b1 para.34 Invalid appointment: indemnity

s.schedule b1 para.35 Application by holder of floating charge

s.schedule b1 para.36 Intervention by holder of floating charge

s.schedule b1 para.39 Effect of administrative receivership

s.schedule b1 para.40 Dismissal of pending winding-up petition

s.schedule b1 para.42 Moratorium on insolvency proceedings

s.schedule b1 para.44 Interim moratorium

s.schedule b1 para.47 Statement of company’s affairs

s.schedule b1 para.5 Status of administrator

s.schedule b1 para.52 (1) Paragraph 51(1) shall not apply where the statement of...

s.schedule b1 para.55 Failure to obtain approval of administrator’s proposals

s.schedule b1 para.57 Creditors’ committee

s.schedule b1 para.59 General powers

s.schedule b1 para.6 General restrictions

s.schedule b1 para.60 (1) The administrator of a company has the powers specified...

s.schedule b1 para.60a (1) The Secretary of State may by regulations make provision...

s.schedule b1 para.61 The administrator of a company— (a) may remove a director...

s.schedule b1 para.62 The administrator of a company may— (a) call a meeting...

s.schedule b1 para.63 The administrator of a company may apply to the court...

s.schedule b1 para.64 (1) A company in administration or an officer of a...

s.schedule b1 para.64a Distribution

s.schedule b1 para.65 (1) If the assets of a company are sufficient to...

s.schedule b1 para.66 If the debts and other liabilities payable under paragraph 64A...

s.schedule b1 para.69 Administrator as agent of company

s.schedule b1 para.7 A person may not be appointed as administrator of a...

s.schedule b1 para.70 Charged property: floating charge

s.schedule b1 para.73 Protection for priority creditor

s.schedule b1 para.74 Challenge to administrator’s conduct of company

s.schedule b1 para.75 Misfeasance

s.schedule b1 para.76 Automatic end of administration

s.schedule b1 para.8 (1) A person may not be appointed as administrator of...

s.schedule b1 para.81 Court ending administration on application of creditor

s.schedule b1 para.82 Public interest winding-up

s.schedule b1 para.83 Moving from administration to creditors’ voluntary liquidation

s.schedule b1 para.85 Discharge of administration order where administration ends

s.schedule b1 para.87 Resignation of administrator

s.schedule b1 para.88 Removal of administrator from office

s.schedule b1 para.9 (1) A person may not be appointed as administrator of...

s.schedule b1 para.90 Supplying vacancy in office of administrator

s.schedule b1 para.91 (1) Where the administrator was appointed by administration order, the...

s.schedule b1 para.92 Where the administrator was appointed under paragraph 14 the holder...

s.schedule b1 para.93 (1) Where the administrator was appointed under paragraph 22(1) by...

s.schedule b1 para.94 (1) Where the administrator was appointed under paragraph 22(2) the...

s.schedule b1 para.95 The court may replace an administrator on the application of...

s.schedule b1 para.96 Substitution of administrator: competing floating charge-holder

s.schedule b1 para.97 Substitution of administrator appointed by company or directors: creditors’ decision

s.schedule b1 para.98 Vacation of office: discharge from liability

s.schedule b1 para.99 Vacation of office: charges and liabilities

s.schedule za1 para.1 Eligible companies

s.schedule za1 para.10 Operators of payment systems, infrastructure providers etc

s.schedule za1 para.11 Recognised investment exchanges, clearing houses and CSDs

s.schedule za1 para.12 Securitisation companies

s.schedule za1 para.13 Parties to capital market arrangements

s.schedule za1 para.14 (1) For the purposes of paragraph 13 an investment is...

s.schedule za1 para.15 Public-private partnership project companies

s.schedule za1 para.16 (1) For the purposes of paragraph 15 “public-private partnership project”...

s.schedule za1 para.17 (1) For the purposes of paragraph 15 a project has...

s.schedule za1 para.18 Overseas companies with corresponding functions

s.schedule za1 para.19 Interpretation of Schedule

s.schedule za1 para.2 Companies subject to, or recently subject to, moratorium or an insolvency procedure

s.schedule za1 para.20 Powers to amend Schedule

s.schedule za1 para.21 (1) The Welsh Ministers may by regulations amend this Schedule—...

s.schedule za1 para.22 (1) The Scottish Ministers may by regulations amend this Schedule—...

s.schedule za1 para.2a Private registered providers of social housing

s.schedule za1 para.2b Registered social landlord under Part 2 of the Housing (Scotland) Act 2010

s.schedule za1 para.3 Insurance companies

s.schedule za1 para.4 Banks

s.schedule za1 para.5 Electronic money institutions

s.schedule za1 para.6 Investment banks and investment firms

s.schedule za1 para.7 Companies that are party to market contracts or subject to market charges, etc

s.schedule za1 para.8 Participants in designated systems

s.schedule za1 para.9 Payment institutions

s.schedule za2 para.1 Introductory

s.schedule za2 para.10 Contracts secured by certain charges or arrangements

s.schedule za2 para.11 Default arrangements and transfer orders

s.schedule za2 para.12 Card-based payment transactions

s.schedule za2 para.13 Power to amend Schedule

s.schedule za2 para.2 Financial contracts

s.schedule za2 para.3 Securities financing transactions

s.schedule za2 para.4 Derivatives

s.schedule za2 para.5 Spot contracts

s.schedule za2 para.6 Capital market investments

s.schedule za2 para.7 Contracts forming part of a public-private partnership

s.schedule za2 para.8 Market contracts

s.schedule za2 para.9 Qualifying collateral arrangements and qualifying property transfers

s.016 Operation of s. 15 in Scotland. Regulated

Transfer ownership and clear security on Scottish property during administrationDirector or Officer

s.017 General duties. Regulated

Secure company property and manage affairs during administrationDirector or Officer

s.021 Information to be given by administrator. Prosecution

Administrators must notify creditors and authorities of an administration orderDirector or Officer

Unlimited fine

s.022 Statement of affairs to be submitted to administrator. Prosecution

Submit a sworn statement of company affairs to the administratorTrader

Unlimited fine

s.023 Statement of proposals. Prosecution

Submit and circulate administration proposalsDirector or Officer

Unlimited fine

s.025 Approval of substantial revisions. Regulated

Seek creditor approval for substantial revisions to administration proposalsDirector or Officer

s.restrictions on enforcement and legal proceedings Restrictions on enforcement and legal proceedings Regulated

Creditors must not enforce against a company during a moratoriumLandlord

s.s.a17 Obligations to notify change in end of moratorium Prosecution

Fail to notify monitor of moratorium changesDirector or Officer
Fail to notify monitor of moratorium extension or expiryDirector or Officer

Unlimited fine

s.s.a19 Publicity about moratorium Prosecution

Fail to display or state moratorium publicityDirector or Officer
Fail to publicise that the company is in a moratoriumDirector or Officer

Unlimited fine

s.s.a24 Duty of directors to notify monitor of insolvency proceedings etc Imprisonment

Fail to notify monitor of insolvency proceedings during a moratoriumDirector or Officer

s.s.a25 Restrictions on obtaining credit Imprisonment

Obtain credit without disclosing moratorium statusDirector or Officer

s.s.a26 Restrictions on grant of security etc Imprisonment

Granting unauthorized security over company assets during a moratoriumDirector or Officer
Grant security without monitor consent during moratoriumDirector or Officer

s.s.a27 Prohibition on entering into market contracts etc Imprisonment

Enter into prohibited financial contracts during moratoriumDirector or Officer

s.s.a28 Restrictions on payment of certain pre-moratorium debts Imprisonment

Make or authorise unauthorised pre-moratorium paymentsDirector or Officer
Make unauthorized payments while in a moratoriumDirector or Officer

s.s.a29 Restrictions on disposal of property Imprisonment

Dispose of property during moratorium without authorisationDirector or Officer
Unauthorised disposal of property during a moratoriumDirector or Officer

s.s.a30 Restrictions on disposal of hire-purchase property Regulated

Dispose of hire-purchase goods during moratorium without authorisationDirector or Officer

s.s.a31 Disposal of charged property free from charge Prosecution

Fail to comply with court order or disposal rules during moratoriumDirector or Officer
Fail to properly manage or register the sale of secured company propertyDirector or Officer

Unlimited fine

s.s.a32 Disposal of hire-purchase property Regulated

Send court order permitting hire-purchase disposal to Companies House within 14 daysDirector or Officer

s.s.a36 Provision of information to monitor Regulated

Provide information to the monitor during a moratoriumDirector or Officer

s.s.a39 Replacement of monitor or appointment of additional monitor Prosecution

Monitor failure to notify change in appointmentAny Person

Unlimited fine

s.s.a47 Offence of false representation etc to obtain a moratorium Imprisonment

Falsely represent or act fraudulently to get a moratoriumDirector or Officer
Making false representations to obtain a company moratoriumDirector or Officer

s.s.a49 Regulated companies: modifications to this Part Prosecution

Directors fail to notify regulator of creditor decision procedureDirector or Officer
Fail to notify financial regulators of creditor meetingsDirector or Officer

Unlimited fine

s.s.a8 Obligations to notify where moratorium comes into force Imprisonment

Fail to notify monitor that moratorium has come into forceDirector or Officer
Fail to notify relevant parties when a moratorium startsDirector or Officer

56 other provisions

s.008 Administration

s.009 Application for order.

s.010 Effect of application.

s.011 Effect of order.

s.012 Notification of order.

s.013 Appointment of administrator.

s.014 General powers.

s.015 Power to deal with charged property, etc.

s.018 Discharge or variation of administration order.

s.019 Vacation of office.

s.020 Release of administrator.

s.024 Consideration of proposals by creditors’ meeting.

s.026 Creditors’ committee.

s.027 Protection of interests of creditors and members.

s.administration ADMINISTRATION

s.application by monitor for directions Application by monitor for directions

s.beginning of moratorium and appointment of monitor Beginning of moratorium and appointment of monitor

s.challenge brought by board of the pension protecti Challenge brought by Board of the Pension Protection Fund

s.challenges to monitor remuneration in insolvency p Challenges to monitor remuneration in insolvency proceedings

s.challenge to monitor’s actions Challenge to monitor’s actions

s.company enters into insolvency procedure etc Company enters into insolvency procedure etc

s.contravention of certain requirements imposed unde Contravention of certain requirements imposed under this Chapter

s.eligible companies Eligible companies

s.enforcement of security granted during moratorium Enforcement of security granted during moratorium

s.extension by court on application of directors Extension by court on application of directors

s.extension by directors with creditor consent Extension by directors with creditor consent

s.extension by directors without creditor consent Extension by directors without creditor consent

s.extension while proposal for cva pending Extension while proposal for CVA pending

s.floating charges Floating charges

s.interpretation of this part: general Interpretation of this Part: general

s.meaning of “pre-moratorium debt” and “moratorium d Meaning of “pre-moratorium debt” and “moratorium debt”

s.moratorium: contract or other instrument involving Moratorium: contract or other instrument involving financial services

s.moratorium: eligible companies Moratorium: Eligible companies

s.moratorium where directors propose voluntary arran Moratorium where directors propose voluntary arrangement

s.obtaining a moratorium for other overseas companie Obtaining a moratorium for other overseas companies

s.overview Overview

s.overview and construction of references to payment Overview and construction of references to payment holidays

s.power to make provision in connection with pension Power to make provision in connection with pension schemes

s.presumption of validity Presumption of validity

s.regulations Regulations

s.restrictions on insolvency proceedings etc Restrictions on insolvency proceedings etc

s.s.a12 Creditor consent for the purposes of section A11

s.s.a15 Extension by court in the course of other proceedings

s.s.a3 Obtaining a moratorium by filing or lodging documents at court

s.s.a34 Status of monitor

s.s.a35 Monitoring

s.s.a38 Termination of moratorium by monitor

s.s.a4 Obtaining a moratorium for company subject to winding-up petition

s.s.a40 Application of Part where two or more persons act as monitor

s.s.a44 Challenge to directors’ actions

s.s.a46 Offence of fraud etc during or in anticipation of moratorium

s.s.a48 Prosecution of delinquent officers of company

s.s.a50 Power to modify this Part etc in relation to certain companies

s.s.a52 Void provisions in floating charge documents

s.s.a9 End of the moratorium

s.the relevant documents The relevant documents

Help complying

Guvnor’s practical routes through this instrument.

Buy an existing business

Navigate the business acquisition process from finding opportunities to completing the purchase and your first 90 days as owner

Explore business rescue and insolvency options

Understand your options when your company faces financial difficulty - from rescue procedures to formal insolvency, your duties as a director, and …

Transfer ownership of your business

Plan and execute business succession - family transfers, management buyouts, partner buyouts, or employee ownership

Sell your business

Navigate the business sale process from preparation to completion and beyond - valuation, finding buyers, due diligence, TUPE, deal negotiation, and post-sale …

Close your company

Choose the right route to close your limited company - voluntary strike-off, Members' Voluntary Liquidation, or dealing with debts

Avoid wrongful trading as a company director

How directors can avoid personal liability for wrongful trading under section 214 of the Insolvency Act 1986. Covers the legal test, the …

Company rescue and insolvency options

Comprehensive guide to insolvency procedures for UK limited companies facing financial distress. Covers rescue options (CVA, administration), solvent closure (MVL), and insolvent …

Creditor priority in company insolvency

The order in which creditors are paid when a company goes into liquidation or administration. Covers fixed and floating charges, preferential debts, …

4 more guides that reference this instrument

Close a solvent company using Members' Voluntary Liquidation Conduct business acquisition due diligence Make employees redundant when closing your business Run an accountancy, audit or insolvency practice

Connected legislation

Instruments made under this Act. They carry the detail the Act delegates.

Insolvency Act 1986 (Prescribed Part) Order 2003 SI 2003

The Payment and Electronic Money Institution Insolvency (Scotland) (Amendment) Rules 2025 SI 2025/110

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.