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Duty to co-operate with office-holders under section 235 Insolvency Act 1986: scope, enforcement and information use (England, Wales and Scotland)

Practice notes
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This Practice Note examines section 235 of the Insolvency Act 1986 (IA 1986), which establishes an informal route for office-holders to obtain information about the company, including its promotion, formation, business, dealings, affairs or property.

For key authorities and related material, see Practice Note: Duty to co-operate with office-holder under section 235 of the Insolvency Act 1986—key cases.

Where needed, having sought to obtain information under IA 1986, s 235, an office-holder may apply to the court for an order requiring the provision of information and/or documents under IA 1986, s 236.

For further information, see Practice Notes:

  • Basic principles—the delivery-up of information and property to the insolvency office-holder
  • Inquiry into a company's dealings (including by way of private examination) under section 236 of the Insolvency Act 1986

Scope of the duty

Under IA 1986, s 235, the duty is to:

  • provide the office-holder with such information concerning the company and its promotion, formation, business, dealings, affairs or property as the office-holder may at any time after the effective date reasonably require; and
  • attend upon the office-holder at such times as may reasonably be required

IA 1986, s 235 places this duty upon:

  • those who
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