Guidance

Bankruptcy: Additional effects of a bankruptcy restrictions order or undertaking

This document contains guidance on the main statutory consequences flowing from a bankruptcy restrictions order or undertaking.

Documents

Schedule of bankruptcy restrictions

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Details

Bankruptcy restrictions are wide ranging. The effects are the same whether you are subject to a bankruptcy restrictions order or to an undertaking. They also apply if you are subject to an interim bankruptcy restrictions order. They include the restrictions set out in insolvency law which you are subject to when you are made bankrupt and which are normally lifted when you are discharged from bankruptcy. It is an offence if you:

  • do no disclose your status as a person subject to bankruptcy restrictions to a credit provider if you wish to get credit of £500 or more.
  • carry on business in a different name from the name in which you were made bankrupt, you must disclose to those you wish to do business with the name (or trading style) under which you were made bankrupt.
  • act as the director of a company or take part in its promotion, formation or management unless you apply to the court for permission to do so.
  • act as an insolvency practitioner, or as the receiver or manager of the property of a company on behalf of debenture holders.

The document attached lists many of the restrictions in force as at July 2009. It is intended for guidance only and is limited to the effects of restrictions in England and Wales (there may also be relevant restrictions in foreign legislation).

The restrictions may change at any time and it is the sole responsibility of those who are subject to restrictions to ensure that they comply with them.

To check whether a bankruptcy restrictions order or undertaking stops somebody from being elected to, or remaining in, a particular office or position, you should read the attached document and also seek guidance from the appointing or authorising body or group. Alternatively, contact our Insolvency Enquiry Line on 0300 678 0015 (open between 8am - 5pm Monday - Friday) or email: Insolvency.EnquiryLine@insolvency.gsi.gov.uk who may be able to assist.

If you are still uncertain about your specific circumstances then you should seek independent legal advice.

Published 5 August 2014
Last updated 5 April 2016 + show all updates
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