Insolvency Act 1986, section 132

Investigation by official receiver

Part IV Winding Up of Companies Registered under the Companies Acts

(1)Where a winding-up order is made by the court in England and Wales, it is the duty of the official receiver to investigate—

(a)if the company has failed, the causes of the failure; and

(b)generally, the promotion, formation, business, dealings and affairs of the company,

and to make such report (if any) to the court as he thinks fit.

(2)The report is, in any proceedings, prima facie evidence of the facts stated in it.

Definitions used in section 132 1

the company

2 Section 233B does not apply in relation to a contract for the supply of goods or services to a company (“the company”) where any of paragraphs 3 to 11 applies.

Defined in Sch.4ZZA para.2 · see it in the full Act

Cases considering section 132 8

Official Receiver (Appellant) v. Wadge Rapps & Hunt (a firm) and another and two other actions

[2003] UKHL 49 · 31 July 2003

The official receiver’s duty to investigate the causes of a compulsory liquidation and inquire into the company’s promotion, formation, business, dealings and affairs forms part of his wider public functions. It is not confined to asset recovery.

In re Pantmaenog Timber Co Ltd (Official Receiver v Grant Thornton, Official Receiver v Meade-King, Official Receiver v Wadge Rapps & Hunt)

[2001] EWCA Civ 1227 · 25 July 2001Defines

The official receiver’s compulsory powers support the statutory duty to investigate the causes of a failed company’s winding up and report to the court. (see the paragraphs beginning “Section 132 of the Act provides” and “Sections 235 and 236 may be seen”)

Green v Group Ltd & Ors

[2019] EWHC 954 (Ch) · 17 April 2019Defines

Defines the Official Receiver’s duty to investigate the causes of a company’s failure and its promotion, formation, business, dealings and affairs. The duty remains relevant even if the administrators become liquidators. (see para [86])

What each judgment says about section 132 is in the case-law panel in the full Act.

Amendments and notes

1 notes from legislation.gov.uk

Modifications

  1. C375S. 132 applied (with modifications) (6.6.2013) by The Collective Investment in Transferable Securities (Contractual Scheme) Regulations 2013 (S.I. 2013/1388), Pt. 3 reg. 1, Sch. 2 paras. 3, 5 Table (with reg. 24)