Insolvency Act 1986From Wikipedia, the free encyclopediaInsolvency Act 1986Parliament of the United KingdomCitation 1986 c 45Territorial extent England and Wales; Scotland; Northern IrelandDatesRoyal assent 1986Status: Current legislationText of statute as originally enactedThe Insolvency Act 1986 (c 45) is an Act of the Parliament of the United Kingdom that provides the legal platform for all matters relating to personal and corporate insolvency in the UK.Contents  [hide] 1 History2 Contents2.1 Companies Winding Up2.2 Insolvency of Individuals - Bankruptcy2.3 Miscellaneous matters2.4 Schedules3 Notes4 External linksHistory[edit]The Insolvency Act 1986 followed the publication and most of the findings in the Cork Report, including the introduction of the Individual Voluntary Arrangement (IVA) and Company Voluntary Arrangement (CVA) procedures.Elements of the Act have been updated by the Enterprise Act 2002 which came into enforcement on 1 April 2004 and introduced amongst other things the popular "out-of-court" administration route.[1]Those considering the main Act should also refer to the Insolvency Rules 1986 and numerous Regulations and other amending legislation since 1986, and also to the best practice which applies to the administration of formal insolvency matters set out in the Statements of Insolvency Practice (SIPs) approved by the insolvency practitioner authorising bodies.Contents[edit]The Insolvency Act 1986 essentially governs issues relating to personal bankruptcy and Individual Voluntary Arrangements and all administrative orders relating to company insolvency.Companies Winding Up[edit]Part I - Company Voluntary ArrangementsPart II - Administration OrdersPart III - Receivership (ss 22-72H)Chapter I - Receivers and Managers (England and Wales)Chapter II - Receivers (Scotland)Chapter III - Receivers Powers in Great Britain as a wholePart IV - Winding Up of Companies Registered Under the Companies Acts (ss 73-219)Chapter I - PreliminaryChapter II - Voluntary Winding Up (Introductory and General)Chapter III - Members Voluntary Winding Up (ss 91-96)Chapter IV - Creditor' Voluntary Winding Up (ss 97-106)Chapter V - Provisions Applying to both kinds of Winding upChapter VI - Winding Up by the Court (ss 117-162)Chapter VII - LiquidatorsChapter VIII - Provisions of general application in winding upChapter IX - Dissolution of companies after winding upChapter X - Malpractice before and during Liquidation; Penalisation of companies and company officers; Investigations and prosecutions (ss 206-219)Part V - Winding Up Unregistered Companies (ss 220-229)Part VI - Miscellaneous Provisions applying to Companies which are Insolvent or in LiquidationPart VII - Interpretation for first group of partsInsolvency of Individuals - Bankruptcy[edit]Part VIII - Individual Voluntary ArrangementsPart IX - Bankruptcy (ss 264-371)Chapter I - Bankruptcy Petitions - Bankruptcy OrdersChapter II - Protection of Bankrupt's Estate and Investigation of his AffairsChapter III - Trustees in BankruptcyChapter IV - Administration by TrusteeChapter V - Effect of Bankruptcy on certain rights, transactions etc.Chapter VI - Bankruptcy OffencesChapter VII - Powers of Court in BankruptcyPart X - Individual Insolvency: General ProvisionsPart XI - Interpretation for second group of partsMiscellaneous matters[edit]Part XII - Preferential debts in company and individual insolvencyPart XIII - Insolvency Practitioners and their qualifications (ss 338-398)Part XIV - Public Administration (ss 399-410)Part XV - Subordinate LegislationPart XVI - Provisions against debt avoidance (England and Wales Only)Part XVII - Miscellaneous and GeneralPart XVIII - InterpretationPart XIX - Final ProvisionsSchedules[edit]Schedule B1, on the new administration procedure after the Enterprise Act 2002Notes[edit]Jump up^ Lyndon Norley, Kirkland & Ellis International LLP and Joseph Swanson and Peter Marshall, Houlihan Lokey (2008). A Practitioner's Guide to Corporate Restructuring. City & Financial Publishing, 1st edition ISBN978-1-905121-31-1External links[edit]Original text of the statute as published by the Office of Public Sector InformationText of Act from insolvencyhelpline.co.ukText of the Insolvency Act 1986 as in force today (including any amendments) within the United Kingdom, from legislation.gov.ukInsolvency Service websiteInsolvency Practitioners Association website