Fraud
9Participating in fraudulent business carried on by sole trader etc.
1
A person is guilty of an offence if he is knowingly a party to the carrying on of a business to which this section applies.
2
This section applies to a business which is carried on—
a
by a person who is outside the reach of section 458 of the Companies Act 1985 (c. 6) or Article 451 of the Companies (Northern Ireland) Order 1986 (S.I. 1986/1032) (N.I. 6)) (offence of fraudulent trading), and
b
with intent to defraud creditors of any person or for any other fraudulent purpose.
3
The following are within the reach of section 458 of the 1985 Act—
a
a company (within the meaning of that Act);
b
a person to whom that section applies (with or without adaptations or modifications) as if the person were a company;
c
a person exempted from the application of that section.
4
The following are within the reach of Article 451 of the 1986 Order—
a
a company (within the meaning of that Order);
b
a person to whom that Article applies (with or without adaptations or modifications) as if the person were a company;
c
a person exempted from the application of that Article.
5
“Fraudulent purpose” has the same meaning as in section 458 of the 1985 Act or Article 451 of the 1986 Order.
6
A person guilty of an offence under this section is liable—
a
on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or to both);
b
on conviction on indictment, to imprisonment for a term not exceeding 10 years or to a fine (or to both).
7
Subsection (6)(a) applies in relation to Northern Ireland as if the reference to 12 months were a reference to 6 months.