Section 236 interviews and document requests

We were instructed to advise an individual on rights and obligations under sections 234-236 of the Insolvency Act 1986 after a company of which they had been a director was placed into liquidation following a creditor petition.

Our advice covered issues relating to any obligation to attend interview for questioning, whether there was a duty to co-operate and provide information and whether they had to comply with requests to deliver up books and records.

This case has raised interesting questions on the remit of office holders’ powers under these provisions, the discord when personal/private data and company property is mixed up and the extra-territorial effect of the powers on individuals resident outside the jurisdiction.

Insolvency Litigation Case Studies

Insolvency Litigation Case Studies

Challenge to divorce

Sham trusts

Trust or loan?

Challenge to former administrators’ fees

Director’s disqualification

Challenge to statutory demand

Freezing assets

Liquidators’ failure to adjudicate

Section 236 interviews and document requests

Out of court administration (no qualifying floating chargeholder)

Out of court administration (with qualifying floating chargeholder)

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