Insolvency Service Investigation Solicitors

If you or your company is under investigation for suspected financial or other misconduct, JMW can provide the expert legal advice and representation that you need. If you are facing scrutiny after formal insolvency proceedings, you should seek legal help as soon as possible. JMW has a specialist business crime department and unrivalled legal team with the experience and knowledge to successfully fight your corner.

Insolvency Service investigations and prosecutions can be highly damaging to the reputation of a company and its directors, which is why we offer pragmatic advice and tailored solutions to minimise the impact of the investigation and ensure we secure the best possible outcome. Our team has significant experience in representing businesses and directors at all stages of the insolvency process.

To receive expert guidance and support from our expert Insolvency Service investigation solicitors, contact JMW today by calling 0345 872 6666. You can also fill in our online enquiry form to request a call back at your convenience.

How JMW Can Help

JMW Solicitors has extensive knowledge of this area of the law and a track record of success in defending individuals and organisations in Insolvency Service investigations and proceedings. We represent clients throughout the process and help them to provide a strong defence and achieve as favourable an outcome as possible.

We can support your business in the following ways:

• Provide initial advice after the Insolvency Service has confirmed it will be launching an investigation or prosecution
• Communicate with the Insolvency Service on your or the company’s behalf and help you prepare for any interviews and meetings required by the government agency
• Ensuring yours and the company’s rights are protected and upheld throughout the process, including when dawn raids and searches of corporate premises are being carried out
• Represent you, the company or any of its officers if a prosecution the case ultimately goes to court

The legal consequences of a prosecution by the Insolvency Service can be serious for directors, the company and its officers. JMW's expert business crime solicitors have worked with a range of high-profile corporate clients and directors, and been involved in complex investigations. We can help you communicate with the Insolvency Service throughout the investigation to protect your rights, and provide legal representation if any court proceedings are brought.

JMW offers free initial consultations for all business crime cases, and provides the tailored legal advice and support clients need based on a thorough understanding of their specific case. If you have been contacted by the Insolvency Service, give us a call today to ensure you have the legal advice and support you need.

Meet Our Team

What Does the Insolvency Service Investigate?

The Insolvency Service is the government agency responsible for administering bankruptcies and debt relief orders, and looking into the affairs of companies in liquidation to identify potential instances of financial wrongdoing or criminal activity.

Possible examples include:

• Fraudulent trading or business practices
• Conduct with intent to defraud creditors or any other person
• Individuals acting as company directors while disqualified
• Company members being denied access to necessary information about the running of the business
• The reuse of a company name following insolvency

The Insolvency Service may investigate based on a report from an insolvency practitioner, the company's creditors or another party. When the Insolvency Service has reason to believe that misconduct may have occurred or that directors may have committed criminal offences, it can pass the findings of its investigation to a regulatory body or prosecuting authority for further investigation or to prosecute the case.

How Does the Insolvency Service Investigation Process Work?

If the Insolvency Service’s criminal investigations team is given cause to launch an investigation of a company, the process will unfold as follows:

• Investigation officers will gather evidence and take witness statements. This may require these officers to search the company’s premises by obtaining a search warrant and carrying out a dawn raid.
• Where necessary, those suspected of wrongdoing may be invited for an interview under caution. This can include company directors, managers, employees and other company officers.
• A legal representative from the Insolvency Service will decide whether there is enough evidence to provide a realistic prospect of conviction against each proposed defendant, and whether it is in the public interest for the case to be taken to court.
• Where there is sufficient evidence, and it is in the public interest, a prosecution will then take place.

Evidence of unfit conduct by directors can lead to director disqualification proceedings and, in some cases, criminal prosecution. Meanwhile, any proof of wrongful trading or fraud on the part of the business can lead to penalties for the organisation itself, beyond any personal liability on the part of directors.

What Are the Potential Outcomes for Company Directors?

This investigation process can lead to a number of potential outcomes, depending on the scale of any criminal activity or other regulatory breaches, and whether there is evidence of director wrongdoing. The Insolvency Service is focused on tackling financial wrongdoing and monitoring director conduct, but there can be consequences for both company directors and the organisation itself, depending on the evidence uncovered.

Actions that the Insolvency Service may take include:

• Issuing an official warning notice
• Taking steps to wind up the company in question
• Launching disqualification proceedings under the Company Directors Disqualification Act 1986. The directors involved may be disqualified from further involvement in business for up to 15 years
• Initiating criminal proceedings by referring the case to the Crown Prosecution Service, potentially leading to a fine or prison sentences

If you are accused of director misconduct or believe you are facing disqualification proceedings or criminal penalties, it is vital to seek legal advice at your earliest opportunity. JMW can represent you throughout the legal process, from the investigation to any proceedings that follow, and gather evidence in support of your defence. A disqualification order can last for up to 15 years and have a serious impact on your reputation but, with support from our legal specialists, it may be possible to mount a successful defence.