Our expert team regularly defends public interest winding up petitions and can help get them dismissed from court. If a company has been wound up in the public interest, our team can help defend any director disqualification proceedings which will inevitably follow. Let our team help you avoid the worst consequences of a public interest petition.
The investigator also has the power to enter a company’s business premises in order to obtain such information to help them with their public interest winding up petition investigation.
The powers to investigate a company from the Companies Act 1985 apply to limited companies. They do not apply to the following:
- sole traders or partnerships, unless they have a limited liability
- companies that do not have a business address in the United Kingdom – in this instance, this does not necessarily mean the registered office, it could be an address from where the company trades in the UK
- companies that have been dissolved
If a company is investigated in the public interest, the investigators do not have to inform the company’s directors of who made the complaint (if the investigation is as a result of a complaint) or the specific reasons for the investigation.
Possible outcomes of an investigation
Following an investigation into a company, there are a number of possible outcomes:
- no further action against the company;
- an application to wind up the company in the public interest;
- proceedings to disqualify the directors of the company from acting as directors in the future;
- a warning to directors to improve their conduct;
- the outcome of the investigation could be passed to another relevant body or prosecuting authority to decide on the next course of action.
If you or your company is subject to an investigation by the Secretary of State for the Department of Business, Skills and Industrial Strategy, we are the firm to help. We provide sound advice in this often complex area. Call now us now to speak to one of our friendly solicitors.