SPCS

SOCIETY FOR PROMOTION OF COMMUNITY STANDARDS INC.

Offences by bankrupt in relation to management of companies – and penalties

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The Insolvency Act 2006 sets out Offences in relation to the management of companies by those persons who have been adjudicated bankrupt.

Offences in relation to management of companies

436 Offence by bankrupt in relation to management of companies

(1) A bankrupt commits an offence if he or she—

  • (a) acts as a director of a company; or

  • (b) fails without reasonable excuse to comply with section 149.

(2) Despite anything to the contrary in section 25 of the Criminal Procedure Act 2011, the limitation period in respect of an offence under subsection (1) ends on the date that is 2 years after the date on which the offence was committed.

437 Penalties for offence in relation to management of companies

Penalties for offence in relation to management of companies

  • A person who commits an offence under section 436 is liable, on conviction, to imprisonment for a term not exceeding 2 years.

    Note: It is at the Official Assignee’s discretion that prosecution can proceed. S. 438 makes it clear that this can proceed if reasonable grounds are certified by the Crown Solicitor. 

 

Dave Henderson hearing delayed as emails withheld

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A public examination of Dave Henderson’s [David Ian Henderson] bankruptcy has been put on hold after the Christchurch businessman refused to hand over documents he was asked to surrender.

A judge ruled that emails between Henderson and several of his business associates had to be provided to investigators so they could be considered at a three-day High Court hearing, scheduled to begin on June 9.

However, the controversial property developer objected to the decision by Associate Judge Rob Osborne and lodged an appeal with the Court of Appeal in April.

Henderson said he believed the pursuit of the emails was “oppressive and abusive” and “simply a fishing expedition” by investigators.

The Official Assignee already had the information needed to complete her report, he said.

For full report by Blair Ensor, published 29/05/14 see:

http://www.stuff.co.nz/the-press/10095291/Henderson-hearing-delayed-as-emails-withheld [Read more…]