The Department for Business Innovation and Skills (BIS) investigates and prosecutes a range of offences relating to company and business irregularities.
The BIS has the power to take such offences to the criminal court, where sentences of 2 to 10 years imprisonment and/or a fine can be ordered. A convicted director can also be banned from being a director or manager of a company for up to 15 years.
The BIS can also seek confiscation orders on conviction, to make sure that the person or company convicted does not gain any financial benefit from their crime.
Mostly, Department for Business Innovation and Skills investigations are carried out against people and businesses after complaints are made by Companies House or the Insolvency Service. The investigation will usually involve an interview under caution.
How Irwin Mitchell Can Help You With BIS Investigations
If you or your company is the subject of a BIS investigation, it is very important that you get expert legal advice as early as possible. You need to know your rights, understand your legal position clearly and have time to gather evidence and witnesses to defend yourself.
This is not something that you can do alone, and not many law firms offer specialist advice in this complex area of criminal law. But Irwin Mitchell has many years of experience and expertise in this field and we will do whatever we can to stop the investigation from going to court or a trial.
We can represent anyone who is under investigation or is being prosecuted by the BIS, especially if the investigation relates to personal or company insolvencies, or to company director disqualification.
Examples of the sorts of offences that we can provide legal advice and representation for include:
- Bankruptcy offences;
- Company officer malpractice offences
- Offences under the Insolvency Act 1986
- Offences under the Fraud Act 2006
- 'Phoenix company' offences relating to re-use of a liquidated company name by a successor company
- Breach of directors disqualification orders, bankruptcy orders and bankruptcy restrictions orders
- Fraudulent trading
- Malpractice by company directors relating to the keeping and preservation of company accounting records
We will do everything we can to reduce the disruption and stress that these types of investigation can cause to you, your business and your family and to protect you from any media interest. When you call us, you can expect to receive clear advice in plain English and to be kept abreast of everything that we are doing to help your case.
For your peace of mind, our solicitors are available and accessible 24 hours a day, 7 days a week, to deal with urgent requests to defend and represent your interests.
Funding Your Case
We act on a privately paying basis, often through insurance policies and sometimes through legal aid depending on what stage proceedings are at. The cost will depend on how long the investigation lasts and what the issues are.
We will discuss what costs are likely to be and will keep you updated throughout the case so that you know what your costs are to date. We will always aim to keep your costs as low as possible and give you value for money.
Call Today for a No-Obligation Discussion
If you are concerned about a BIS investigation or prosecution, contact our expert team for specialist legal advice as soon as possible.
For an initial discussion with no obligation, call Sarah Wallace on 020 7421 3876 or Paul Haycock on 0114 274 4275, or send us an online enquiry and we will get back to you.