Fraudulent disposal of property


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Corporate Crime expert
Practice notes

Fraudulent disposal of property


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Corporate Crime expert

Practice notes
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Fraudulent disposal of property

A bankrupt commits an offence if they make, or cause to be made, at any time after the date five years prior to the commencement of the Bankruptcy any gift or transfer of or any charge on their property.

Although the offence is termed 'fraudulent' disposal of property there is not express requirement of fraud as an element of the offence.

The statutory defence of innocent intention applies and is the critical consideration when Advising clients about this offence.

Making a transfer or charge on property includes causing or conniving at the levying of Execution against that property.

Concealment or removal of property to defeat a judgment

A bankrupt commits an offence if they conceal or remove any part of their property after or within two months before the date on which a judgment or order for the payment of Money has been obtained against them where that judgment or order is not satisfied before the commencement of the bankruptcy.

The defence of innocent intention applies to this offence.

Proceedings under section

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Bankruptcy definition
What does Bankruptcy mean?

The court supervised process whereby the assets of an insolvent individual are realised for the benefit of his creditors.

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