Updated: 17th December 2018
Our specialist team of insolvency experts deal with UK and cross border insolvency cases of a contentious nature, using considerable expertise to navigate what are commonly complex scenarios involving such issues as misfeasance, hidden assets, and fraud.
Our expansive reach as an organisation allows us to pursue investigations on a global level when necessary, pursuing directors and their companies, and recovering assets on a worldwide scale.
We investigate each case using a team of multi-disciplinary experts, making individual directors and companies accountable for their actions in depriving creditors of what are commonly vast sums of money.
What types of contentious insolvency cases do we deal with?
We can help with all forms of contentious insolvency, but common appointments incorporate the following issues:
Misfeasance
Misfeasance covers a broad range of offences where directors or other officers of the company have breached their fiduciary and/or statutory duties. Examples include making preferential payments, i.e. paying one creditor in favour of others, and taking unauthorised loans.
Our work could involve restoring property to company ownership, for example, or taking litigation action against individual directors who may have to repay misappropriated funds and contribute to the assets of the insolvent business.
Antecedent transactions
Errant business dealings and transactions made prior to a company’s insolvency must be thoroughly investigated to establish whether creditors have been deliberately deprived of funds.
We analyse suspect transactions and assess whether their existence has caused or contributed to a company’s insolvency. Examples include gifting assets to family members, and selling assets at far below their market value.
Fraudulent trading
This is a criminal offence under the Companies Act, 2006, with a high burden of proof lying with the liquidator/investigative team. If you suspect fraudulent trading or other fraudulent practices, you can benefit from our extensive prior experience and technical knowledge of insolvency cases involving corporate criminal activity.
We’ll collect evidence for the court, investigating anyone connected with the company suspected of carrying out fraudulent activity, or indeed fraudulent trading by the company’s directors.
Unlawful dividends
Dividends may have been distributed unlawfully if there are insufficient distributable profits available. The level of distributable profits must be established prior to declaring a dividend, and if this doesn’t happen, directors may find themselves in contravention of the Companies Act, 2006, or common law.
Our team investigates whether the necessary actions have been taken by directors prior to declaring a dividend that is suspected to be unlawful. We scrutinise company accounts, board meeting notes if any are in existence, and establish whether one or more directors are in breach of their statutory and/or common law duties.
The team at RBR Advisory has vast experience of dealing with various types of contentious insolvency. Our specialist expertise and depth of knowledge means we can offer valuable insight into cases involving all industry sectors. For more information on our contentious insolvency services and how we can help, please contact one of our partner-led team.
