The Insolvency (Northern Ireland) Order 1989

Northern Ireland Order in Council 1989 No. 2405 — creates 68 criminal offences.

Made

19 December 1989

In force from

Not determined

Extent

Not stated

Subject

Corporate, financial services, company law, employment, charity, electoral and tax

Made under

Schedule 1 to the Northern Ireland Act 1974

Explanatory note

(This note is not part of the Order) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

This Order— a re-enacts with amendments the provisions of the Companies (Northern Ireland) Order 1986 relating to the winding up of companies (including the winding up of companies that are not insolvent, and of unregistered companies); b makes new provision for voluntary arrangements which, in certain circumstances, may be made by companies with the agreement of creditors with the intention of avoiding an insolvent winding up; c re-enacts with amendments the provisions relating to deeds of arrangement; d makes new provision for the insolvency and bankruptcy of individuals; e provides for revised preferential debts in company and personal insolvency; f makes new provision with respect to the functions and qualifications of insolvency practitioners and restricts the officers in insolvency to qualified persons; g makes provision for the public administration of insolvency; h provides for the penalisation and redress of malpractice and wrongdoing; i makes provision for the avoidance of certain transactions at an undervalue; and j repeals the procedure of winding up of companies subject to the supervision of the High Court.

Offences created by this instrument

• Corrupt inducement affecting appointment article 139 · Revoked, but still prosecutable · Strict liability
• Notification that company is in liquidation article 159(2) · Revoked, but still prosecutable · Requires proof of a state of mind
• Information as to pending liquidations article 162(2) · Revoked, but still prosecutable · Strict liability
• Dissolution (voluntary winding up) article 166(4) · Revoked, but still prosecutable · Strict liability
• Consequence of notice under Article 167 article 168(6) · Revoked, but still prosecutable · Strict liability
• Dissolution otherwise than under Article 167 article 169(5) · Revoked, but still prosecutable · Strict liability
• Fraud, etc., in anticipation of winding up article 170(1) · Revoked, but still prosecutable · Requires proof of a state of mind
• Fraud, etc., in anticipation of winding up article 170(2) · Revoked, but still prosecutable · Strict liability
• Fraud, etc., in anticipation of winding up article 170(5) · Revoked, but still prosecutable · Requires proof of a state of mind
• Transactions in fraud of creditors article 171(1) · Revoked, but still prosecutable · Strict liability
• Misconduct in course of winding up article 172(1) · Revoked, but still prosecutable · Requires proof of a state of mind
• Misconduct in course of winding up article 172(2) · Revoked, but still prosecutable · Strict liability
• Falsification of company’s books article 173 · Revoked, but still prosecutable · Requires proof of a state of mind
• Material omissions from statement relating to company’s affairs article 174(1) · Revoked, but still prosecutable · Strict liability
• Material omissions from statement relating to company’s affairs article 174(2) · Revoked, but still prosecutable · Strict liability
• False representations to creditors article 175(1) · Revoked, but still prosecutable · Requires proof of a state of mind
• Restriction on re-use of company names article 180(4) · Revoked, but still prosecutable · Strict liability
• Duty to co-operate with office-holder article 199(5) · Revoked, but still prosecutable · Strict liability
• General interpretation article 2(6) · Revoked, but still prosecutable · Requires proof of a state of mind
• Notice to creditors of avoidance of deed article 217(2) · Revoked, but still prosecutable · Strict liability
• Trustee acting when deed of arrangement void article 218(1) · Revoked, but still prosecutable · Strict liability
• Transmission of accounts article 222(3) · Revoked, but still prosecutable · Strict liability
• Preferential payment to creditor article 223 · Revoked, but still prosecutable · Strict liability
• Notification of order article 25(2) · Revoked, but still prosecutable · Strict liability
• Power to deal with charged property, etc article 28(8) · Revoked, but still prosecutable · Strict liability
• Discharge or variation of administration order article 30(5) · Revoked, but still prosecutable · Strict liability
• Non-disclosure article 324(1) · Revoked, but still prosecutable · Strict liability
• Concealment of property article 325(1) · Revoked, but still prosecutable · Strict liability
• Concealment of property article 325(3) · Revoked, but still prosecutable · Strict liability
• Concealment of property article 325(5) · Revoked, but still prosecutable · Strict liability
• Concealment of books and papers; falsification article 326(1) · Revoked, but still prosecutable · Strict liability
• Concealment of books and papers; falsification article 326(2) · Revoked, but still prosecutable · Strict liability
• Concealment of books and papers; falsification article 326(3) · Revoked, but still prosecutable · Strict liability
• False statements article 327(1) · Revoked, but still prosecutable · Strict liability
• False statements article 327(3) · Revoked, but still prosecutable · Requires proof of a state of mind
• Fraudulent disposal of property article 328(3) · Revoked, but still prosecutable · Strict liability
• Absconding article 329(1) · Revoked, but still prosecutable · Strict liability
• Information to be given by administrator article 33(3) · Revoked, but still prosecutable · Strict liability
• Fraudulent dealing with property obtained on credit article 330(1) · Revoked, but still prosecutable · Strict liability
• Fraudulent dealing with property obtained on credit article 330(3) · Revoked, but still prosecutable · Strict liability
• Obtaining credit; engaging in business article 331(1) · Revoked, but still prosecutable · Strict liability
• Obtaining credit; engaging in business article 331(3) · Revoked, but still prosecutable · Strict liability
• Failure to keep proper accounts of business article 332(1) · Revoked, but still prosecutable · Strict liability
• Gambling article 333(1) · Revoked, but still prosecutable · Strict liability
• Statement of affairs to be submitted to administrator article 34(6) · Revoked, but still prosecutable · Strict liability
• Acting as insolvency practitioner without qualification article 348(1) · Revoked, but still prosecutable · Strict liability
• Consideration of proposals by creditors' meeting article 36(7) · Revoked, but still prosecutable · Strict liability
• Protection of interests of creditors and members article 39(6) · Revoked, but still prosecutable · Strict liability
• Disqualification of body corporate from acting as receiver article 40 · Revoked, but still prosecutable · Strict liability
• Disqualification of undischarged bankrupt article 41(1) · Revoked, but still prosecutable · Strict liability
• Receivership accounts to be delivered to registrar article 48(4) · Revoked, but still prosecutable · Strict liability
• Notification that receiver or manager appointed article 49(2) · Revoked, but still prosecutable · Requires proof of a state of mind
• Power to dispose of charged property, etc article 53(6) · Revoked, but still prosecutable · Strict liability
• Vacation of office article 55(5) · Revoked, but still prosecutable · Strict liability
• Information to be given by administrative receiver article 56(4) · Revoked, but still prosecutable · Strict liability
• Notice of resolution to wind up voluntarily article 71(2) · Revoked, but still prosecutable · Strict liability
• Statutory declaration of solvency article 75(4) · Revoked, but still prosecutable · Strict liability
• Statutory declaration of solvency article 75(6) · Revoked, but still prosecutable · Strict liability
• General company meeting at each year’s end article 79(3) · Revoked, but still prosecutable · Strict liability
• Final meeting prior to dissolution article 80(4) · Revoked, but still prosecutable · Strict liability
• Final meeting prior to dissolution article 80(6) · Revoked, but still prosecutable · Strict liability
• Effect of company’s insolvency article 81(7) · Revoked, but still prosecutable · Strict liability
• Meeting of creditors article 84(5) · Revoked, but still prosecutable · Strict liability
• Directors to lay statement of affairs before creditors article 85(3) · Revoked, but still prosecutable · Strict liability
• Final meeting prior to dissolution article 92(6) · Revoked, but still prosecutable · Strict liability
• Notice by liquidator of his appointment article 95(2) · Revoked, but still prosecutable · Strict liability
• No liquidator appointed or nominated by company article 99(4) · Revoked, but still prosecutable · Strict liability
• Default of debtor paragraph 86(4) of SCHEDULE 9 · Revoked, but still prosecutable · Strict liability

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

Check the source

• This instrument on legislation.gov.uk The authoritative text, including amendments made since
• Other instruments from 1989