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 F1section 993 of the Companies Act 2006 (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 F2that section—
a
a company F6(as defined in section 1(1) of the Companies Act 2006);
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
F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
“Fraudulent purpose” has the same meaning as in F3that section.
6
A person guilty of an offence under this section is liable—
a
on summary conviction, to imprisonment for a term not exceeding F5the general limit in a magistrates’ court 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.