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Article 373.
Article of Order creating offence | General nature of offence | Mode of prosecution | Punishment | Daily default fine (where applicable) |
---|---|---|---|---|
25(2) | Company and others failing to state in correspondence, etc., that administrator appointed. | Summary. | One-fifth of the statutory maximum. | |
28(8) | Failure of administrator to register office copy of High Court order permitting disposal of charged property. | Summary. | One-fifth of the statutory maximum. | One-fiftieth of the statutory maximum. |
30(5) | Failure of administrator to register office copy of High Court order varying or discharging administration order. | Summary. | One-fifth of the statutory maximum. | One-fiftieth of the statutory maximum. |
33(3) | Administrator failing to register administration order and give notice of appointment. | Summary. | One-fifth of the statutory maximum. | One-fiftieth of the statutory maximum. |
34(6) | Failure to comply with provisions relating to statement of affairs, where administrator appointed. | 1. On indictment. 2. Summary. | A fine. The statutory maximum. | One-tenth of the statutory maximum. |
35(3) | Administrator failing to send out, register and lay before creditors statement of his proposals. | Summary. | One-fifth of the statutory maximum. | One-fiftieth of the statutory maximum. |
36(7) | Administrator failing to file High Court order discharging administration order under Article 36. | Summary. | One-fifth of the statutory maximum. | One-fiftieth of the statutory maximum. |
39(6) | Administrator failing to file High Court order discharging administration order under Article 39. | Summary. | One-fifth of the statutory maximum. | One-fiftieth of the statutory maximum. |
40 | Body corporate acting as receiver. | 1. On indictment. 2. Summary. | A fine. The statutory maximum. | |
41(1) | Undischarged bankrupt acting as receiver or manager. | 1. On indictment. 2. Summary. | 2 years or a fine, or both. 6 months or the statutory maximum, or both. | |
48(4) | Receiver failing to deliver accounts to registrar. | Summary. | One-fifth of the statutory maximum. | One-fiftieth of the statutory maximum. |
49(2) | Company and others failing to state in correspondence that receiver appointed. | Summary. | One-fifth of the statutory maximum. | |
53(6) | Administrative receiver failing to file office copy of order permitting disposal or charged property. | Summary. | One-fifth of the statutory maximum. | One-fiftieth of the statutory maximum. |
55(5) | Administrative receiver failing to file notice of vacation of office. | Summary. | One-fifth of the statutory maximum. | One-fiftieth of the statutory maximum. |
56(4) | Administrative receiver failing to give notice of his appointment. | Summary. | One-fifth of the statutory maximum. | One-fiftieth of the statutory maximum. |
57(6) | Failure to comply with provisions relating to statement of affairs, where administrative receiver appointed. | 1. On indictment. 2. Summary. | A fine. The statutory maximum. | One-tenth of the statutory maximum. |
58(8) | Administrative receiver failing to comply with requirements as to his report. | Summary. | One-fifth of the statutory maximum. | One-fiftieth of the statutory maximum. |
71(2) | Company failing to give notice in Belfast Gazette of resolution for voluntary winding up. | Summary. | One-fifth of the statutory maximum. | One-fiftieth of the statutory maximum. |
75(4) | Director making statutory declaration of company’s solvency without reasonable grounds for his opinion. | 1. On indictment. 2. Summary. | 2 years or a fine, or both. 6 months or the statutory maximum, or both. | |
75(6) | Declaration under Article 75 not delivered to registrar within prescribed time. | Summary. | One-fifth of the statutory maximum. | One-fiftieth of the statutory maximum. |
79(3) | Liquidator failing to summon general meeting of company at each year’s end. | Summary. | One-fifth of the statutory maximum. | |
80(4) | Liquidator failing to send to registrar a copy of account of winding up and return of final meeting. | Summary. | One-fifth of the statutory maximum. | One-fiftieth of the statutory maximum. |
80(6) | Liquidator failing to call final meeting. | Summary. | One-fifth of the statutory maximum. | |
81(6) | Liquidator failing to comply with Article 81 where company insolvent. | Summary. | The statutory maximum. | |
84(4) | Company failing to comply with Article 84 in respect of summoning and giving notice of creditors' meeting. | 1. On indictment. 2. Summary. | A fine. The statutory maximum. | |
85(3) | Directors failing to attend and lay statement in prescribed form before creditors' meeting. | 1. On indictment. 2. Summary. | A fine. The statutory maximum. | |
91(3) | Liquidator failing to summon company general meeting and creditors' meeting at each year’s end. | Summary. | One-fifth of the statutory maximum. | |
92(4) | Liquidator failing to send to registrar account of winding up and return of final meetings. | Summary. | One-fifth of the statutory maximum. | One-fiftieth of the statutory maximum. |
92(6) | Liquidator failing to call final meeting of company or creditors. | Summary. | One-fifth of the statutory maximum. | |
95(2) | Liquidator failing to publish, or deliver to the registrar, notice of his appointment. | Summary. | One-fifth of the statutory maximum. | One-fiftieth of the statutory maximum. |
99(4) | Directors exercising powers in breach of Article 99, where no liquidator. | Summary. | The statutory maximum. | |
111(7) | Failing to comply with requirements as to statement of affairs, where liquidator appointed. | 1. On indictment. 2. Summary. | A fine. The statutory maximum. | One-tenth of the statutory maximum. |
139 | Giving, offering, etc., corrupt inducement affecting appointment of liquidator. | 1. On indictment. 2. Summary. | A fine. The statutory maximum. | |
141(7) | Liquidator failing to comply with requirements of Article 141 in creditors' voluntary winding up. | Summary. | The statutory maximum. | |
159(2) | Default in compliance with Article 159 as to notification that company being wound up. | Summary. | One-fifth of the statutory maximum. | |
162(2) | Liquidator failing to notify registrar as to progress of winding up. | Summary. | One-fifth of the statutory maximum. | One-fiftieth of the statutory maximum. |
166(4) | Failing to deliver to registrar office copy of High Court order deferring dissolution. | Summary. | One-fifth of the statutory maximum. | One-fiftieth of the statutory maximum. |
168(6) | Failing to deliver to registrar copy of directions or result of appeal under Article 168. | Summary. | One-fifth of the statutory maximum. | One-fiftieth of the statutory maximum. |
169(5) | Failing to deliver to registrar copy of Department’s directions or High Court order deferring dissolution. | Summary. | One-fifth of the statutory maximum. | One-fiftieth of the statutory maximum. |
170(1) | Fraud, etc., in anticipation of winding up. | 1. On indictment. 2. Summary. | 7 years or a fine, or both. 6 months or the statutory maximum, or both. | |
170(2) | Privity to fraud in anticipation of winding up; fraud, or privity to fraud, after commencement of winding up. | 1. On indictment. 2. Summary. | 7 years or a fine, or both. 6 months or the statutory maximum, or both. | |
171(1) | Officer of company entering into transaction in fraud of company’s creditors. | 1. On indictment. 2. Summary. | 2 years or a fine, or both. 6 months or the statutory maximum, or both. | |
172(1) | Officer of company misconducting himself in course of winding up. | 1. On indictment. 2. Summary. | 7 years or a fine, or both. 6 months or the statutory maximum, or both. | |
173 | Officer or contributory destroying, falsifying, etc., company’s books. | 1. On indictment. 2. Summary. | 7 years or a fine, or both. 6 months or the statutory maximum, or both. | |
174(1) | Officer of company making material omission from statement relating to company’s affairs. | 1. On indictment. 2. Summary. | 7 years or a fine, or both. 6 months or the statutory maximum, or both. | |
175(1) | False representation or fraud for purpose of obtaining creditors' consent to an agreement in connection with winding up. | 1. On indictment. 2. Summary. | 7 years or a fine, or both. 6 months or the statutory maximum, or both. | |
180(4) | Contravening restrictions on re-use of name of company in insolvent liquidation. | 1. On indictment. 2. Summary. | 2 years or a fine, or both. 6 months or the statutory maximum, or both. | |
199(5) | Failing to co-operate with office-holder. | 1. On indictment. 2. Summary. | A fine. The statutory maximum. | One-tenth of the statutory maximum. |
217(2) | Default in compliance with Article 374 as to notification that deed is void. | Summary. | One-fifth of the statutory maximum. | |
218(1) | Trustee acting when deed of arrangement void. | Summary. | One-fifth of the statutory maximum. | One-fiftieth of the statutory maximum. |
222(3) | Failing to transmit accounts. | Summary. | One-fifth of the statutory maximum. | One-fiftieth of the statutory maximum. |
223 | Preferential payment to creditor. | 1. On indictment. 2. Summary. | A fine. The statutory maximum. | |
324(1) | Bankrupt failing to disclose property or disposals to official receiver or trustee. | 1. On indictment. 2. Summary. | 7 years or a fine, or both. 6 months or the statutory maximum, or both. | |
325(1) | Bankrupt failing to deliver property to, or concealing property from, official receiver or trustee. | 1. On indictment. 2. Summary. | 7 years or a fine, or both. 6 months or the statutory maximum, or both. | |
325(3) | Bankrupt removing property which he is required to deliver to official receiver or trustee. | 1. On indictment. 2. Summary. | 7 years or a fine, or both. 6 months or the statutory maximum, or both. | |
325(5) | Bankrupt failing to account for loss of substantial part of property. | 1. On indictment. 2. Summary. | 2 years or a fine, or both. 6 months or the statutory maximum, or both. | |
326(1) | Bankrupt failing to deliver books, papers and records to official receiver or trustee. | 1. On indictment. 2. Summary. | 7 years or a fine, or both. 6 months or the statutory maximum, or both. | |
326(2) | Bankrupt concealing, destroying etc., books, papers or records, or making false entries in them. | 1. On indictment. 2. Summary. | 7 years or a fine, or both. 6 months or the statutory maximum, or both. | |
326(3) | Bankrupt disposing of, or altering, books, papers or records relating to his estate or affairs. | 1. On indictment. 2. Summary. | 7 years or a fine, or both. 6 months or the statutory maximum, or both. | |
327(1) | Bankrupt making material omission in statement relating to his affairs. | 1. On indictment. 2. Summary. | 7 years or a fine, or both. 6 months or the statutory maximum, or both. | |
327(3) | Bankrupt making false statement, or failing to inform trustee, where false debt proved. | 1. On indictment. 2. Summary. | 7 years or a fine, or both. 6 months or the statutory maximum, or both. | |
328(1) | Bankrupt fraudulently disposing of property. | 1. On indictment. 2. Summary. | 2 years or a fine, or both. 6 months or the statutory maximum, or both. | |
328(3) | Bankrupt conceals or removes property. | 1. On indictment. 2. Summary. | 2 years or a fine, or both. 6 months or the statutory maximum, or both. | |
329(1) | Bankrupt absconding with property he is required to deliver to official receiver or trustee. | 1. On indictment. 2. Summary. | 2 years or a fine, or both. 6 months or the statutory maximum, or both. | |
330(1) | Bankrupt disposing of property obtained on credit and not paid for. | 1. On indictment. 2. Summary. | 7 years or a fine, or both. 6 months or the statutory maximum, or both. | |
330(3) | Obtaining property in respect of which money is owed by a bankrupt. | 1. On indictment. 2. Summary. | 7 years or a fine, or both. 6 months or the statutory maximum, or both. | |
331(1) | Bankrupt obtaining credit or engaging in business without disclosing his status or name in which he was made bankrupt. | 1. On indictment. 2. Summary. | 2 years or a fine, or both. 6 months or the statutory maximum, or both. | |
331(3) | Person made bankrupt in England, Wales or Scotland obtaining credit, etc., in Northern Ireland. | 1. On indictment. 2. Summary. | 2 years or a fine, or both. 6 months or the statutory maximum, or both. | |
332(1) | Bankrupt failing to keep proper accounting records. | 1. On indictment. 2. Summary. | 2 years or a fine, or both. 6 months or the statutory maximum, or both. | |
333(1) | Bankrupt increasing extent of insolvency by gambling. | 1. On indictment. 2. Summary. | 2 years or a fine, or both. 6 months or the statutory maximum, or both. | |
348(1) | Acting as insolvency practitioner when not qualified. | 1. On indictment. 2. Summary. | 2 years or a fine, or both. 6 months or the statutory maximum, or both. |