The Compendium

A Comprehensive Companion for All in the Insolvency and Restructuring Profession

Forms

If you want to find the forms used in the insolvency and restructuring sector you can easily get them from the Companies House website, or by entering a form number into your search engine.

For example, forms beginning ‘AM0’ are for Administration. If you type in ‘AM01’ you will get the form used to notify Companies House of an appointment of an Administrator.

Then you just proceed in increasing numbers; AM02, AM03, etc.

If you type in DS0_, you can find the forms to update the details of a company on the Register of Companies.

If you type in ‘DS’ and then a number, you will access all the forms about dissolution. For example, DS01 is used to voluntarily dissolve a limited company.

If you type in LIQ0_ you will find forms about Liquidations and Liquidators.

If you type in the letter ‘RP’ followed by a number you will access the forms used to register redundancy payments. For example, ‘RP1’ is used to claim redundancy pay and other statutory entitlements including pay in lieu of notice, holiday pay, and arrears of wages. Then you increase the number numerically, to RP2, RP3, etc.

[See ‘Companies House’, ‘Register of Companies’, ‘Administration’, ‘Liquidation’, ‘Limited Company’ and ‘Redundancy’.]

Fraudulent Trading

If, when an officeholder (Liquidator, Administrator or the Official Receiver) is appointed, they discover that a director or the directors of a company have acted with intent or recklessness as to whether an act was wrong, an action can be taken for ‘Fraudulent Trading’.

The offence is that anyone knowingly a party to the carrying on of business with the intention to defraud a creditor or any other person, or to act with any fraudulent purpose. The wording of the offence includes a lot of ‘criminal’ words, such as ‘intention’, ‘fraud’ and ‘defraud’, so the test whether an act was carried out is upgraded to the criminal burden of proof – beyond reasonable doubt.