Interviews by Liquidators, Administrators and Insolvency Service
If a company goes into liquidation, as the first part of the process the directors will receive a letter from the insolvency service, requesting that they (1) complete a questionnaire; and (2) attend an interview conducted by an insolvency investigator. Many directors prepare the questionnaire and attend the interview alone and without due preparation. However, it is important that during this interview process, you have the support of an experienced solicitor to guide you through the process and address any concerns you may have.
At Isadore Goldman, our team of experienced solicitors have specialised expertise providing comprehensive support and representation for directors who are required to attend interviews during an insolvency investigation.
Our insolvency solicitors are committed to providing legal advice that is tailored to your specific circumstances and ensuring that you are fully prepared for the interview. We understand the importance of these interviews and the potential consequences they may have on your financial position, professional reputation and future. This is why we take meticulous steps to protect your best interests.
Why choose Isadore Goldman?
At Isadore Goldman, our solicitors are all well versed in matters related to liquidation and insolvency, having years of experience guiding our clients through the interview process and ensuring that they are adequately prepared. We understand that these matters can feel daunting, however, we believe that with the correct research and preparation, our clients should have nothing to worry about during a company investigation.
We provide a service that is tailored to your specific circumstances, providing practical and clear advice that is easy to understand.
Speak to our insolvency solicitors
Should you be asked to attend an interview with the Insolvency Service, please don’t hesitate to get in touch with one of our expert solicitors by contacting one of our offices in London, Portsmouth or Norwich.
Alternatively, you can use our contact form to send an enquiry and someone will be in contact shortly.
Our services
Interview preparation
Before your interview, our experienced solicitors will conduct meticulous research and analysis to help you prepare in advance, whilst making ourselves familiar with your specific situation so we can advocate for you effectively and efficiently. Our solicitors are available to provide you with tailored legal advice to aid you in being fully prepared beforehand, so you can feel confident and reassured whilst attending the interview.
Legal guidance
Our solicitors will provide you with effective and practical guidance throughout the interview process, from the initial notice of the interview up until the conclusion. Our team will also make sure that you are fully aware of your rights within this process and that they are respected.
Representation
We have much experience representing clients during interviews with liquidators, administrators, and the Insolvency service, advocating for our clients’ rights and making sure that they receive fair treatment. We will also provide you with clear and legally sound responses to any inquiries that are raised. Our solicitors will also review and help draft any required documents on your behalf, making sure everything is in order to prevent any delays or difficulties.
Effective communication
Throughout the interview process, our team of solicitors will maintain transparency and effective communication with you, ensuring you are well informed every step of the way and making sure you have a comprehensive understanding of how the proceedings will work.
Frequently asked questions
What does the interview consist of?
The interview process starts with the director being asked to fill out a preliminary information questionnaire, which provides the insolvency practitioner with initial information about the assets and liabilities of the company.
The interviewer should begin the interview by explaining how long the interview will be and what form it will take. Throughout the interview, the interviewer will ask the director a series of questions related to the company and its formation, business dealings, affairs and assets.
It is a requirement that the interviewer must always treat the interviewee with courtesy and should show no aggression. The interview will typically be recorded so that a transcript is available.
There is potential for the interview to be conducted by the liquidator’s legal team, and the interviewee must be provided with the option to bring legal assistance or support to the interview. It is also important to note that as an interviewee you should never feel that you are being coerced into signing anything and that you should be regularly offered breaks and refreshments.
What if I fail to attend the interview?
Certain individuals have a duty that requires that they co-operate with the liquidator under section 235 of the Insolvency Act 1986. If the liquidator can show that you are one of the individuals that the act is referring to, you are then required to attend the interview.
Should you fail to attend the interview, the liquidator will typically request a second appointment whilst outlining the ramifications of continued non-co-operation. Should you then continue to be non-co-operative, the liquidator then has the option of applying to court for an order summoning you to appear under oath.
Failing to co-operate can have serious consequences should litigation be involved, such as prosecution, being disqualified as a company director and even being arrested, so it is in your best interest to co-operate with the support of an experienced solicitor.
Can I bring someone with me?
An interviewee has the right to bring a third party to an interview. This can be a solicitor, accountant, or a friend; however, it cannot be someone who is also a potential interviewee. Whilst the liquidator should typically be accepting of this, it is important to check this beforehand, so everyone is on the same page.
What might I be required to do at the interview?
At the interview, you will be required to provide the liquidator with a completed preliminary information questionnaire. If requested to do so, you will also need to:
- Hand over all company records, books and paperwork in your possession
- Provide full details of all company assets and liabilities
- Inform the liquidator if somebody else is holding assets or trading records
Can I rearrange the interview date?
If you can provide a legitimate reason, typically the liquidator will agree to rearrange the interview date. However, the delay must be within good reason due to the time-sensitive nature of these matters.
Until recently, these appointments were always in person, however, due to the shift caused by the Covid-19 epidemic, there is a possibility that a video or telephone appointment could be agreed. This makes it more difficult to provide a valid reason for why you cannot reasonably attend the video appointment.
It should also be noted that if you do have a video appointment, it will likely be recorded.
Speak to our insolvency solicitors
Should you be asked to attend an interview with the Insolvency Service, please don’t hesitate to get in touch with one of our expert solicitors by contacting one of our offices in London, Portsmouth or Norwich.
Alternatively, you can use our contact form to send an enquiry and someone will be in contact shortly.