Lifting the mist The Official Receiver Richard Gill The - - PowerPoint PPT Presentation

‘Lifting the mist’

The Official Receiver

Richard Gill

The Insolvency Service

“We are a Government agency that helps to deliver economic confidence by supporting those in financial distress, tackling financial wrongdoing and maximising returns to creditors.”

Official Receivers

We investigate all sorts of cases. Big, small, the good, the bad and the ugly.

Purpose of OR's Investigations

• Official Receivers investigate to:
• Administer the insolvency (debt relief)
• Realise/uncover assets for creditors
• Further investigations to take civil action or make

criminal referral.

Official Receiver When? Why? Who? How? What? Where?

What OR investigations look like

• Initial information gathering
• Interview (telephone/in person)
• Analysis of financial records
• Enforcement procedures (court action)
• Further investigations?

Non-cooperation

• Compulsive powers i.e. a legal requirement on

bankrupt/director to cooperate with the OR

• Enforce these at court.
• Range of powers in Insolvency Act 1986
• Public Examination
• Private Examination of third parties
• Suspension of Discharge
• Orders for compliance
• Committal for contempt

Official Receiver: Outcomes of Investigations 1 As trustee/liquidator:

• Administer the insolvency and report to creditors
• Realise and distribute assets
• Take court action to recover money
• Appointment of insolvency practitioner

Official Receiver: Outcome of Investigations 2 Further investigations:

• Civil investigation
• Bankruptcy Restrictions Orders (and DRROs)
• Disqualifications (will move internally to

Investigations directorate on 1 July 2019)

• Referral to criminal investigators

Contacts

Richard.gill1@insolvency.gov.uk