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Companies Act 1985

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Changes over time for: Section 389B

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No versions valid at: 21/07/1993

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Point in time view as at 21/07/1993. This version of this provision is not valid for this point in time. Help about Status

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Yn ddilys o 06/04/2005

389BOffences relating to the provision of information to auditorsE+W+S

(1)If a person knowingly or recklessly makes to an auditor of a company a statement (oral or written) that—

(a)conveys or purports to convey any information or explanations which the auditor requires, or is entitled to require, under section 389A(1)(b), and

(b)is misleading, false or deceptive in a material particular,

the person is guilty of an offence and liable to imprisonment or a fine, or both.

(2)A person who fails to comply with a requirement under section 389A(1)(b) without delay is guilty of an offence and is liable to a fine.

(3)However, it is a defence for a person charged with an offence under subsection (2) to prove that it was not reasonably practicable for him to provide the required information or explanations.

(4)If a company fails to comply with section 389A(5), the company and every officer of it who is in default is guilty of an offence and liable to a fine.

(5)Nothing in this section affects any right of an auditor to apply for an injunction to enforce any of his rights under section 389A.

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