All insolvency professionals appreciate that Section 236 of the Insolvency Act 1986 (“s236”) grants significant investigatory powers to office-holders into a company’s business dealings, affairs and director conducts, including the power to obtain third-party records and information.
As technology now largely replaces a company’s paper-based records, and has become an integral part of business operations, the powers of office-holders under s236 has also evolved to match the new realities of this digital era. In this alert, we explore how the emergence of online instant messaging platforms, email accounts and data storage has transformed insolvency investigations, necessitating a more sophisticated approach that balances…
