The Companies Act 2006 represents the primary source of UK company law and contains over 150 offence creating provisions relating to the management and operation of companies.
Most of these provisions are designed to punish misconduct by companies and their directors, but others focus on the conduct of shareholders and third parties. Some of these provisions create minor offences relating to administrative defaults, but others create more serious offences such as fraudulent trading, with severe penalties upon conviction.
The main offences are as follows:
- Fraudulent trading
- False accounting
- Offences associated with keeping and preserving company accounting records
- Provision of false information to an auditor
Investigations and prosecution of alleged offences under the Companies Act may be conducted by the police and the CPS, the Department for Business, Enterprise and Regulatory Reform, the SFO or the Serious Organised Crime Agency, depending on the seriousness of the alleged offence and the manner in which the relevant behaviour came to the attention of the authorities.
Bindmans LLP combines high-level, specialist expertise with a passionate commitment to the interests of their professional clients.Legal 500
We offer immediate assistance to individuals and companies facing allegations of having committed offences under the Companies Act. As soon as the suspicion of any offence having been committed is raised, it is crucial for a company or its directors to take advice from solicitors as soon as possible.
Investigations and prosecutions under the Companies Act are often complex and any defence will frequently require a comprehensive review of large amounts of documentary evidence. By reason of their complexity, these matters are difficult to navigate without specific knowledge of the relevant law and procedure.
Bindmans are recognised as a leading firm with regards to offences relating to companies and our lawyers frequently defend in the most serious and high-profile cases. We provide advice and representation at all stages of investigation and prosecution.
Fraud and White Collar Crime
Serious Fraud Office
Bribery and Corruption
Investigative Interview under Caution
Dawn Raids (Emergency Service)
Companies Act Offences
Insider Dealing and Market Abuse
Bounce Back Loan Fraud