Reporting misconduct by companies, directors and bankrupts to the Insolvency Service
information about how to complain about misconduct to the Insolvency Service and what we will do about it.
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The Insolvency Service has civil powers given to it by law to consider complaints about:
- people who are bankrupt or have a debt relief order
- individuals subject to bankruptcy or debt relief restrictions
- live companies where we’ve received reports of serious corporate abuse such as significant misconduct, fraud, scams or sharp practice in the way the company operates
- the conduct of directors of companies that have entered into formal insolvency proceedings (administration, administrative receivership, creditors’ voluntary and compulsory liquidation), or that have been dissolved
- a disqualified director/ bankrupt or somebody who has a debt relief order acting as a company director whilst disqualified or otherwise breaching their restrictions
- the reuse of prohibited company names
Anybody can report misconduct relating to the above to us. Please note, the Insolvency Service’s civil teams cannot investigate complaints that do not relate to these matters. For example, we cannot investigate a complaint about a sole trader who is not bankrupt.
Our civil powers are different depending on whether a company is live, in compulsory liquidation, in other formal insolvency proceedings or has been dissolved. Check the Companies House register if you don’t know the status of the company that you want to complain about.
We will assess any information reported to us and consider whether to carry out further investigations. We may take further action against the bankrupt, director or company if we find things that concern us during our investigations.
We can only investigate complaints that we have the legal powers to deal with and may suggest you complain to another public body or pass your concerns on ourselves if this is appropriate. Please make it clear in your complaint if you don’t want us to do this.
Our insolvent investigators do not conduct criminal investigations. If it seems that the insolvent person, a company or its officers may have committed criminal offences or other regulatory breaches, the case may be referred to the criminal investigation team within the Insolvency Service, the police, a regulator or other investigation agency. It is for that body to decide whether it is appropriate for them to carry out any further investigation. You may be asked to give a formal statement before proceedings start. This does not prevent the investigator including details of the unfit conduct in any report they may submit.
If you wish to make an anonymous complaint, we may still be able to submit the matter to the relevant investigating authority. However, if you do not provide contact details, we cannot reply to you, or ask you for further information to support your complaint. Any authority may only be able to take further action if they have suitable evidence or an appropriate witness, or both.
Updates to this page
Last updated 16 December 2021 + show all updates
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Section 5. Guidance added on new powers to investigate dissolved companies
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Intro page text updated.
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Publication updated.
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Link to complaint form changed to link to new content on how to make a complaint and contact address has changed
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added link to new publication in section 6. https://www.gov.uk/government/publications/re-use-of-company-names
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First published.