ABSTRACT
Under s 206 of the Insolvency Act 1986, any past or present officer (including a shadow director) will have committed an offence if, within the 12 months leading up to the winding up or after the commencement of the winding up, he or she has done any of the following:
(a) concealed any part of the company’s property to the value of £500 or more, or concealed any debt due to or from the company;
(b) fraudulently removed14 any part of the company’s property15 to the value of £500 or more;
(c) concealed, destroyed, mutilated or falsified any book or paper affecting or relating to the company’s property or affairs or been privy to the doing of this by others;
(d) made any false entry in any book or paper affecting or relating to the company’s property or affairs or been privy to the doing of this by others;
(e) fraudulently parted with, altered or made any omission in any document affecting or relating to the company’s property or affairs or been privy to the doing of this by others;
(f) pawned, pledged or disposed of any property of the company which has been obtained on credit and has not been paid for (unless the pawning, pledging or disposal was in the ordinary way of the company’s business). Anyone who takes in pawn or pledge, or otherwise receives, property knowing of these circumstances will also commit an offence.
