Companies Act 1985

Section 730.

SCHEDULE 24 E+W+S Punishment of Offences Under this Act

Modifications etc. (not altering text)

C1 Sch. 24 applied (with modifications) (6.4.2001) by S.I. 2001/1090, reg. 4, Sch. 2 Pt. I

C2 Sch. 24 extended (with modifications) by S.I. 1989/638, regs. 18, 21, Sch. 4 para. 22

C3 Sch. 24 : the existing entries for provisions in Part VII (ss. 221-262) are amended and reordered by Companies Act 1989 (c. 40, SIF 27), s. 23, Sch. 10 para. 24(2)(3

F1 Note:. . .

Textual Amendments

F1 Sch. 24 Note repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIV Group 2

Section of Act creating offence	General nature of offence	Mode of prosecution	Punishment	Daily default fine (where applicable)
6(3)	Company failing to deliver to registrar notice or other document, following alteration of its objects.	Summary.	One-fifth of the statutory maximum.	One-fiftieth of the statutory maximum.
[F2 12(3B)	Person making false statement under section 12(3A) which he knows to be false or does not believe to be true	1.On indictment 2.Summary	2 years or a fine; or both 6 months or the statutory maximum; or both]
18(3)	Company failing to register change in memorandum or articles.	Summary.	One-fifth of the statutory maximum.	One-fiftieth of the statutory maximum.
19(2)	Company failing to send to one of its members a copy of the memorandum or articles, when so required by the member.	Summary	One-fifth of the statutory maximum.
20(2)	Where company’s memorandum altered, company issuing copy of the memorandum without the alteration.	Summary.	One-fifth of the statutory maximum for each occasion on which copies are so issued after the date of the alteration.
28(5)	Company failing to change name on direction of Secretary of State.	Summary.	One-fifth of the statutory maximum.	One-fiftieth of the statutory maximum.
[F3 30(5C)	Person making false statement under section 30(5A) which he knows to be false or does not believe to be true	1.On indictment 2.Summary	2 years or a fine; or both 6 months or the statutory maximum; or both]
31(5)	Company altering its memorandum or articles, so ceasing to be exempt from having “limited” as part of its name.	Summary.	The statutory maximum.	One-tenth of the statutory maximum.
31(6)	Company failing to change name, on Secretary of State’s direction, so as to have “limited” (or Welsh equivalent) at the end.	Summary.	One-fifth of the statutory maximum.	One-fiftieth of the statutory maximum.
Section of Act creating offence	General nature of offence	Mode of prosecution	Punishment	Daily default fine (where applicable)
32(4)	Company failing to comply with Secretary of State’s direction to change its name, on grounds that the name is misleading.	Summary.	One-fifth of the statutory maximum.	One-fiftieth of the statutory maximum.
33	Trading under misleading name (use of “public limited company” or Welsh equivalent when not so entitled); purporting to be a private company.	Summary.	One-fifth of the statutory maximum.	One-fiftieth of the statutory maximum.
3 4	Trading or carrying on business with improper use of “limited” or “cyfyngedig”.	Summary.	One-fifth of the statutory maximum.	One-fiftieth of the statutory maximum.
[F4 43(3B)	Person making false statement under section 43(3A) which he knows to be false or does not believe to be true	1.On indictment 2.Summary	2 years or a fine; or both 6 months or the statutory maximum; or both]
[F5 49(8B)	Person making false statement under section 49(8A) which he knows to be false or does not believe to be true	1.On indictment 2.Summary	2 years or a fine; or both 6 months or the statutory maximum; or both]
54(10)	Public company failing to give notice, or copy of court order, to registrar, concerning application to re-register as private company.	Summary	One-fifth of the statutory maximum.	One-fiftieth of the statutory maximum.
56(4)	. . . F6	. . . F6	. . . F6
61	. . . F6	. . . F6	. . . F6	. . . F6
64(5)	. . . F6	. . . F6	. . . F6	. . . F6
70(1)	. . . F6	. . . F6	. . . F6	. . . F6
78(1)	. . . F6	. . . F6	. . . F6	. . . F6
80(9)	Directors exercising company’s power of allotment without the authority required by section 80(1).	1. On indictment.	A fine.
		2. Summary.	The statutory maximum.
Section of Act creating offence	General nature of offence	Mode of prosecution	Punishment	Daily default fine (where applicable)
81(2)	. . . F6	. . . F6	. . . F6
82(5)	. . . F6	. . . F6	. . . F6
86(6)	. . . F6	. . . F6	. . . F6	. . . F6
87(4)	. . . F6	. . . F6	. . . F6	. . . F6
88(5)	Officer of company failing to deliver return of allotments, etc., to registrar.	1. On indictment.	A fine.
		2. Summary.	The statutory maximum.	One-tenth of the statutory maximum.
95(6)	Knowingly or recklessly authorising or permitting misleading, false or deceptive material in statement by directors under section 95(5).	1. On indictment.	2 years or a fine; or both.
		2. Summary.	6 months or the statutory maximum; or both.
97(4)	. . . F6	. . . F6	. . . F6	. . . F6
110(2)	Making misleading, false or deceptive statement in connection with valuation under section 103 or 104.	1. On indictment.	2 years or a fine; or both.
		2. Summary.	6 months or the statutory maximum; or both.
111(3)	Officer of company failing to deliver copy of asset valuation report to registrar.	1. On indictment.	A fine.
		2. Summary.	The statutory maximum.	One-tenth of the statutory maximum.
Section of Act creating offence	General nature of offence	Mode of prosecution	Punishment	Daily default fine (where applicable)
111(4)	Company failing to deliver to registrar copy of resolution under section 104(4), with respect to transfer of an asset as consideration for allotment.	Summary.	One-fifth of the statutory maximum.	One-fiftieth of the statutory maximum.
114	Contravention of any of the provisions of sections 99 to 104, 106.	1. On indictment.	A fine.
		2. Summary.	The statutory maximum.
117(7)	Company doing business or exercising borrowing powers contrary to section 117.	1. On indictment.	A fine.
		2. Summary.	The statutory maximum.
[F7 117(7A)	Person making false statement under section 117(3A) which he knows to be false or does not believe to be true]	[F7 1.On indictment 2.Summary	2 years or a fine; or both 6 months or the statutory maximum; or both]
122(2)	Company failing to give notice to registrar of reorganisation of share capital.	Summary.	One-fifth of the statutory maximum.	One-fiftieth of the statutory maximum.
123(4)	Company failing to give notice to registrar of increase of share capital.	Summary.	One-fifth of the statutory maximum.	One-fiftieth of the statutory maximum.
127(5)	Company failing to forward to registrar copy of court order, when application made to cancel resolution varying shareholders’ rights.	Summary.	One-fifth of the statutory maximum.	One-fiftieth of the statutory maximum.
128(5)	Company failing to send to registrar statement or notice required by section 128 (particulars of shares carrying special rights).	Summary.	One-fifth of the statutory maximum.	One-fiftieth of the statutory maximum.
129(4)	Company failing to deliver to registrar statement or notice required by section 129 (registration of newly created class rights).	Summary.	One-fifth of the statutory maximum.	One-fiftieth of the statutory maximum.
141	Officer of company concealing name of creditor entitled to object to reduction of capital, or wilfully misrepresenting nature or amount of debt or claim, etc.	1. On indictment.	A fine.
		2. Summary.	The statutory maximum.
142(2)	Director authorising or permitting non-compliance with section 142 (requirement to convene company meeting to consider serious loss of capital).	1. On indictment.	A fine.
		2. Summary.	The statutory maximum.
Section of Act creating offence	General nature of offence	Mode of prosecution	Punishment	Daily default fine (where applicable)
143(2)	Company acquiring its own shares in breach of section 143.	1. On indictment.	In the case of the company, a fine.
			In the case of an officer of the company who is in default, 2 years or a fine; or both.
		2. Summary.	In the case of the company, the statutory maximum.
			In the case of an officer of the company who is in default, 6 months or the statutory maximum; or both.
149(2)	Company failing to cancel its own shares, acquired by itself, as required by section 146(2); or failing to apply for re-registration as private company as so required in the case there mentioned.	Summary.	One-fifth of the statutory maximum.	One-fiftieth of the statutory maximum.
151(3)	Company giving financial assistance towards acquisition of its own shares.	1. On indictment.	Where the company is convicted, a fine.
			Where an officer of the company is convicted, 2 years or a fine; or both.
		2. Summary.	Where the company is convicted, the statutory maximum.
			Where an officer of the company is convicted, 6 months or the statutory maximum; or both.
156(6)	Company failing to register statutory declaratio n [F8 or statement] under section 155.	Summary.	The statutory maximum.	One-fiftieth of the statutory maximum.
156(7)	Director making statutory declaration [F8 or statement] under section 155, without having reasonable grounds for opinion expressed in it.	1. On indictment.	2 years or a fine; or both.
[F9 162G	Contravention of any provision of sections 162A–162F (dealings by company in treasury shares, etc)	1. On indictment	A fine
		2. Summary	The statutory maximum]
Section of Act creating offence	General nature of offence	Mode of prosecution	Punishment	Daily default fine (where applicable)
169(6)	Default by company’s officer in delivering to registrar the return required by section 169 (disclosure by company of purchase of own shares).	1. On indictment.	A fine.
		2. Summary	The statutory maximum.	One-tenth of the statutory maximum.
169(7)	Company failing to keep copy of contract, etc., at registered office; refusal of inspection to person demanding it.	Summary.	One-fifth of the statutory maximum.	One-fiftieth of the statutory maximum.
[F10 169A(4)	Default by company’s officer in delivering to registrar the return required by section 169A (disclosure by company of cancellation or disposal of treasury shares)	1. On indictment 2. Summary	A fine The statutory maximum	One-tenth of the statutory maximum.]
173(6)	Director making statutory declaration under section 173 without having reasonable grounds for the opinion expressed in the declaration.	1. On indictment.	2 years or a fine; or both.
		2. Summary.	6 months or the statutory maximum; or both.
175(7)	Refusal of inspection of statutory declaration and auditors’ report under section 173, etc.	Summary.	One-fifth of the statutory maximum.	One-fiftieth of the statutory maximum.
176(4)	Company failing to give notice to registrar of application to court under section 176, or to register court order.	Summary.	One-fifth of the statutory maximum.	One-fiftieth of the statutory maximum.
183(6)	Company failing to send notice of refusal to register a transfer of shares or debentures.	Summary.	One-fifth of the statutory maximum.	One-fiftieth of the statutory maximum.
185(5)	Company default in compliance with section 185(1) (certificates to be made ready following allotment or transfer of shares, etc.).	Summary.	One-fifth of the statutory maximum.	One-fiftieth of the statutory maximum.
189(1)	Offences of fraud and forgery in connection with share warrants in Scotland.	1. On indictment.	7 years or a fine; or both.
		2. Summary.	6 months or the statutory maximum; or both.
189(2)	Unauthorised making of, or using or possessing apparatus for making, share warrants in Scotland.	1. On indictment.	7 years or a fine; or both.
		2. Summary.	6 months or the statutory maximum; or both.
191(4)	Refusal of inspection or copy of register of debenture-holders, etc.	Summary.	One-fifth of the statutory maximum.	One-fiftieth of the statutory maximum.
Section of Act creating offence	General nature of offence	Mode of prosecution	Punishment	Daily default fine (where applicable)
210(3)	Failure to discharge obligation of disclosure under Part VI; other forms of non-compliance with that Part.	1. On indictment.	2 years or a fine; or both.
		2. Summary.	6 months or the statutory maximum; or both.
211(10)	Company failing to keep register of interests disclosed under Part VI; other contraventions of section 211.	Summary.	One-fifth of the statutory maximum.	One-fiftieth of the statutory maximum.
214(5)	Company failing to exercise powers under section 212, when so required by the members.	1. On indictment.	A fine.
		2. Summary.	The statutory maximum.
215(8)	Company default in compliance with section 215 (company report of investigation of shareholdings on members’ requisition).	1. On indictment.	A fine.
		2. Summary.	The statutory maximum.
216(3)	Failure to comply with company notice under section 212; making false statement in response, etc.	1. On indictment.	2 years or a fine; or both.
		2. Summary.	6 months or the statutory maximum; or both.
217(7)	Company failing to notify a person that he has been named as a shareholder; on removal of name from register, failing to alter associated index.	Summary.	One-fifth of the statutory maximum.	One-fiftieth of the statutory maximum.
218(3)	Improper removal of entry from register of interests disclosed; company failing to restore entry improperly removed.	Summary.	One-fifth of the statutory maximum.	For continued contravention of section 218(2) one-fiftieth of the statutory maximum.
219(3)	Refusal of inspection of register or report under Part VI; failure to send copy when required.	Summary.	One-fifth of the statutory maximum.	One-fiftieth of the statutory maximum.
[F11 221(5) or 222(4)]	Company failing to keep accounting records (liability of officers).	1. On indictment.	2 years or a fine; or both.
		2. Summary.	6 months or the statutory maximum; or both.
[F11 222(6)]	Officer of company failing to secure compliance with, or intentionally causing default under, section [F11 222(5)] (preservation of accounting records for requisite number of years).	1. On indictment.	2 years or a fine; or both.
		2. Summary.	6 months or the statutory maximum; or both.
[F11 231(6)]	Company failing to annex to its annual return certain particulars required by Schedule 5 and not included in annual accounts.	Summary.	One-fifth of the statutory maximum.	One-fiftieth of the statutory maximum.
[F11 232(4)]	Default by director or officer of a company in giving notice of matters relating to himself for purposes of [F11 Schedule 6, Part I.]	Summary.	One-fifth of the statutory maximum.
[F12 233(5)]	[F12 Approving defective accounts.]	[F12 1. On indictment.]	[F12 A fine.]
		[F12 2. Summary.]	[F12 The statutory maximum.]
[F11 233(6)]	Laying or delivery of unsigned balance sheet; circulating copies of balance sheet without signatures.	Summary.	One-fifth of the statutory maximum.
[F11 234(5)]	Non-compliance with [F11 Part VII], as to directors’ report and its content; directors individually liable.	1. On indictment.	A fine.
		2. Summary.	The statutory maximum.
[F13 234A(4)]	[F13 Laying, circulating or delivering directors’ report without required signature.]	[F13 Summary.]	[F13 One-fifth of the statutory maximum.]
[F14 234B(3)	Non-compliance with requirements as to preparation and content of directors’ remuneration report	Summary	One fifth of the statutory maximum.
234B(6)	Default in complying with section 234B(5)	Summary	One fifth of the statutory maximum.]
[F13 236(4)]	[F13 Laying, circulating or delivering auditors’ report without required signature.]	[F13 Summary.]	[F13 One-fifth of the statutory maximum.]
[F11 238(5)]	Failing to send [F11 company’s annual accounts], directors’ report and auditors’ report to those entitled to receive them.	1. On indictment.	A fine.
		2. Summary.	The statutory maximum.
[F11 239(3)]	Company failing to supply copy of accounts [F15 and reports] to shareholder on his demand.	Summary.	One-fifth of the statutory maximum.	One-fiftieth of the statutory maximum.
[F11 240(5)]	[F11 Failure to comply with requirements in connection with publication of accounts.]	Summary.	One-fifth of the statutory maximum.
[F11 241(2) or 242(2)]	Director [F11 company’s annual accounts, directors’ report and auditors’ report] in default as regards duty to lay and deliver.	Summary.	The statutory maximum.	One-tenth of the statutory maximum.
[F16 241A(9)	Default in complying with the requirements of section 241A(3) and (4)	Summary	One fifth of the statutory maximum.
241A(10)	Failure to put resolution to vote of meeting	Summary	One fifth of the statutory maximum.]
[F17 245(1)]	[F17 Company’s individual accounts not in conformity with requirements of this Act; directors individually liable.]	[F17 1. On indictment.]	[F17 A fine.]
		[F17 2. Summary.]	[F17 The statutory maximum.]
[F17 245(2)]	[F17 Holding company’s group accounts not in conformity with sections 229 and 230 and other requirements of this Act; directors individually liable.]	[F17 1. On indictment.]	[F17 A fine.]
		[F17 2. Summary.]	[F17 The statutory maximum.]
[F13 251(6)]	[F13 Failure to comply with requirements in relation to summary financial statements.]	[F13 Summary.]	[F13 One-fifth of the statutory maximum.]
[F18 255(5)]	[F18 Company or officer in default contravening section 255 as regards publication of abridged accounts.]	[F18 Summary.]	[F18 One-fifth of the statutory maximum.]
[F18 260(3)]	[F18 Director of special category company failing to secure compliance with special disclosure provision.]	[F18 1. On indictment.]	[F18 A fine.]
		[F18 2. Summary.]	[F18 The statutory maximum.]
287(3)	. . . F19
288(4)	Default in complying with section 288 (keeping register of directors and secretaries, refusal of inspection).	Summary.	The statutory maximum.	One-tenth of the statutory maximum.
291(5)	Acting as director of a company without having the requisite share qualification.	Summary.	One-fifth of the statutory maximum.	One-fiftieth of the statutory maximum.
294(3)	Director failing to give notice of his attaining retirement age; acting as director under appointment invalid due to his attaining it.	Summary.	One-fifth of the statutory maximum.	One-fiftieth of the statutory maximum.
295(7)	. . . F20	. . . F20	. . . F20
Section of Act creating offence	General nature of offence	Mode of prosecution	Punishment	Daily default fine (where applicable)
302(1)	. . . F20	. . . F20	. . . F20
305(3)	Company default in complying with section 305 (directors’ names to appear on company correspondence, etc.).	Summary.	One-fifth of the statutory maximum.
306(4)	Failure to state that liability of proposed director or manager is unlimited; failure to give notice of that fact to person accepting office.	1. On indictment.	A fine.
		2. Summary.	The statutory maximum.
314(3)	Director failing to comply with section 314 (duty to disclose compensation payable on takeover, etc.); a person’s failure to include required particulars in a notice he has to give of such matters.	Summary.	One-fifth of the statutory maximum.
317(7)	Director failing to disclose interest in contract.	1. On indictment.	A fine.
		2. Summary.	The statutory maximum.
318(8)	Company default in complying with section 318(1) or (5) (directors’ service contracts to be open to inspection); 14 days’ default in complying with section 318(4) (notice to registrar as to where copies of contracts and memoranda are kept); refusal of inspection required under section 318(7).	Summary.	One-fifth of the statutory maximum.	One-fiftieth of the statutory maximum.
[F21 322B(4)]	[F21 Terms of unwritten contract between sole member of a private company limited by shares or by guarantee and the company not set out in a written memorandum or recorded in minutes of a directors’ meeting]	[F21 Summary]	[F21 Level 5 on the standard scale.]
323(2)	Director dealing in options to buy or sell company’s listed shares or debentures.	1. On indictment.	2 years or a fine; or both.
		2. Summary.	6 months or the statutory maximum; or both.
324(7)	Director failing to notify interest in company’s shares; making false statement in purported notification.	1. On indictment.	2 years or a fine; or both.
		2. Summary.	6 months or the statutory maximum; or both.
Section of Act creating offence	General nature of offence	Mode of prosecution	Punishment	Daily default fine (where applicable)
326(2), (3), (4), (5).	Various defaults in connection with company register of directors’ interests.	Summary.	One-fifth of the statutory maximum.	Except in the case of section 326(5), one-fiftieth of the statutory maximum.
328(6)	Director failing to notify company that members of his family have, or have exercised, options to buy shares or debentures; making false statement in purported notification.	1. On indictment.	2 years or a fine; or both.
		2. Summary.	6 months or the statutory maximum; or both.
329(3)	Company failing to notify [F22 investment exchange] of acquisition of its securities by a director.	Summary.	One-fifth of the statutory maximum.	One-fiftieth of the statutory maximum.
342(1)	Director of relevant company authorising or permitting company to enter into transaction or arrangement, knowing or suspecting it to contravene section 330.	1. On indictment.	2 years or a fine; or both.
		2. Summary.	6 months or the statutory maximum; or both.
342(2)	Relevant company entering into transaction or arrangement for a director in contravention of section 330.	1. On indictment.	2 years or a fine; or both.
		2. Summary.	6 months or the statutory maximum; or both.
342(3)	Procuring a relevant company to enter into transaction or arrangement known to be contrary to section 330.	1. On indictment.	2 years or a fine; or both.
		2. Summary.	6 months or the statutory maximum; or both.
343(8)	Company failing to maintain register of transactions, etc., made with and for directors and not disclosed in company accounts; failing to make register available at registered office or at company meeting.	1. On indictment.	A fine.
		2. Summary.	The statutory maximum.
348(2)	Company failing to paint or affix name; failing to keep it painted or affixed.	Summary.	One-fifth of the statutory maximum.	In the case of failure to keep the name painted or affixed, one-fiftieth of the statutory maximum.
349(2)	Company failing to have name on business correspondence, invoices, etc.	Summary.	One-fifth of the statutory maximum.
Section of Act creating offence	General nature of offence	Mode of prosecution	Punishment	Daily default fine (where applicable)
349(3)	Officer of company issuing business letter or document not bearing company’s name.	Summary.	One-fifth of the statutory maximum.
349(4)	Officer of company signing cheque, bill of exchange, etc. on which company’s name not mentioned.	Summary.	One-fifth of the statutory maximum.
350(1)	Company failing to have its name engraved on company seal.	Summary.	One-fifth of the statutory maximum.
350(2)	Officer of company, etc., using company seal without name engraved on it.	Summary.	One-fifth of the statutory maximum.
351(5)(a)	Company failing to comply with section 351(1) or (2) (matters to be stated on business correspondence, etc.).	Summary.	One-fifth of the statutory maximum.
351(5)(b)	Officer or agent of company issuing, or authorising issue of, business document not complying with those subsections.	Summary.	One-fifth of the statutory maximum.
351(5)(c)	Contravention of section 351(3) or (4) (information in English to be stated on Welsh company’s business correspondence, etc.).	Summary.	One-fifth of the statutory maximum.	For contravention of section 351(3), one-fiftieth of the statutory maximum.
352(5)	Company default in complying with section 352 (requirement to keep register of members and their particulars).	Summary.	One-fifth of the statutory maximum.	One-fiftieth of the statutory maximum.
[F23 352A(3)]	[F23 Company default in complying with section 352A (statement that company has only one member)]	[F23 Summary]	[F23 Level 2 on the standard scale.]	[F23 One-tenth of level 2 on the standard scale.]
353(4)	Company failing to send notice to registrar as to place where register of members is kept.	Summary.	One-fifth of the statutory maximum.	One-fiftieth of the statutory maximum.
354(4)	Company failing to keep index of members.	Summary.	One-fifth of the statutory maximum.	One-fiftieth of the statutory maximum.
356(5)	Refusal of inspection of members’ register; failure to send copy on requisition.	Summary.	One-fifth of the statutory maximum.
Section of Act creating offence	General nature of offence	Mode of prosecution	Punishment	Daily default fine (where applicable)
363 [F24 (3)]	Company with share capital failing to make annual return.	Summary.	The statutory maximum.	One-tenth of the statutory maximum.
364(4)	Company without share capital failing to complete and register annual return in due time.	Summary.	The statutory maximum.	One-tenth of the statutory maximum.
365(3)	. . . F25	. . . F25	. . . F25	. . . F25
366(4)	Company default in holding annual general meeting.	1. On indictment.	A fine.
		2. Summary.	The statutory maximum.
367(3)	Company default in complying with Secretary of State’s direction to hold company meeting.	1. On indictment.	A fine.
		2. Summary.	The statutory maximum.
367(5)	Company failing to register resolution that meeting held under section 367 is to be its annual general meeting.	Summary.	One-fifth of the statutory maximum.	One-fiftieth of the statutory maximum.
372(4)	Failure to give notice, to member entitled to vote at company meeting, that he may do so by proxy.	Summary.	One-fifth of the statutory maximum.
372(6)	Officer of company authorising or permitting issue of irregular invitations to appoint proxies.	Summary.	One-fifth of the statutory maximum.
376(7)	Officer of company in default as to circulation of members’ resolutions for company meeting.	1. On indictment.	A fine.
		2. Summary.	The statutory maximum.
380(5)	Company failing to comply with section 380 (copies of certain resolutions etc. to be sent to registrar of companies).	Summary	One-fifth of the statutory maximum.	One-fiftieth of the statutory maximum.
Section of Act creating offence	General nature of offence	Mode of prosecution	Punishment	Daily default fine (where applicable)
380(6)	Company failing to include copy of resolution to which section 380 applies in articles; failing to forward copy to member on request.	Summary.	One-fifth of the statutory maximum for each occasion on which copies are issued or, as the case may be, requested.
[F26 381B(2)]	[F26 Director or secretary of company failing to notify auditors of proposed written resolution.]	[F26 Summary.]	[F26 Level 3 on the standard scale.]
382(5)	Company failing to keep minutes of proceedings at company and board meetings, etc.	Summary.	One-fifth of the statutory maximum.	One-fiftieth of the statutory maximum.
[F27 382B(2)]	[F27 Failure of sole member to provide the company with a written record of decision]	[F27 Summary]	[F27 Level 2 on the standard scale.]
383(4)	Refusal of inspection of minutes of general meeting; failure to send copy of minutes on member’s request.	Summary.	One-fifth of the statutory maximum.
384(5)	. . . F28	. . . F28	. . . F28	. . . F28
386(2)	. . . F29	. . . F29	. . . F29	. . . F29
[F30 387(2)]	[F30 Company failing to give Secretary of State notice of non-appointment of auditors.]	[F30 Summary.]	[F30 One-fifth of the statutory maximum.]	[F30 One-fiftieth of the statutory maximum.]
[F31 389(10)]	[F31 Person acting as company auditor knowing himself to be disqualified; failing to give notice vacating office when he becomes disqualified.]	[F31 1. On indictment.]	[F31 A fine.]
		[F31 2. Summary.]	[F31 The statutory maximum.]	[F31 One-tenth of the statutory maximum.]
[F32 389A(2)]	[F32 Officer of company making false, misleading or deceptive statement to auditors.]	[F32 1. On indictment]	[F32 2 years or a fine; or both.]
		[F32 2. Summary.]	[F32 6 months or the statutory maximum; or both]
[F32 389A(3)]	[F32 Subsidiary undertaking or its auditor failing to give information to auditors of parent company.]	[F32 Summary.]	[F32 One-fifth of the statutory maximum.]
[F32 389A(4)]	[F32 Parent company failing to obtain from subsidiary undertaking information for purposes of audit.]	[F32 Summary.]	[F32 One-fifth of the statutory maximum.]
390(7)	. . . F33	. . . F33	. . . F33
[F34 391(2)]	[F34 Failing to give notice to registrar of removal of auditor.]	[F34 Summary.]	[F34 One-fifth of the statutory maximum.]	[F34 One-fiftieth of the statutory maximum.]
391(4)	. . . F35	. . . F35	. . . F35
Section of Act creating offence	General nature of offence	Mode of prosecution	Punishment	Daily default fine (where applicable)
392(2)	. . . F36	. . . F36	. . . F36
[F37 392(3)]	[F37 Company failing to forward notice of auditor’s resignation to registrar.]	[F37 1. On indictment.]	[F37 A fine.]
		[F37 2. Summary.]	[F37 The statutory maximum.]	[F37 One-tenth of the statutory maximum.]
[F37 392A(5)]	[F37 Directors failing to convene meeting requisitioned by resigning auditor.]	[F37 1. On indictment.]	[F37 A fine.]
		[F37 2. Summary.]	[F37 The statutory maximum.]
393	. . . F38	. . . F38	. . . F38
[F39 394A(1)]	[F39 Person ceasing to hold office as auditor failing to deposit statement as to circumstances.]	[F39 1. On indictment.]	[F39 A fine.]
		[F39 2. Summary.]	[F39 The statutory maximum.]
[F39 394A(4)]	[F39 Company failing to comply with requirements as to statement of person ceasing to hold office as auditor.]	[F39 1. On indictment.]	[F39 A fine.]
		[F39 2. Summary.]	[F39 The statutory maximum.]	[F39 One-tenth of the statutory maximum.]
399(3)	Company failing to send to registrar particulars of charge created by it, or of issue of debentures which requires registration.	1. On indictment.	A fine.
		2. Summary.	The statutory maximum.	One-tenth of the statutory maximum.
400(4)	Company failing to send to registrar particulars of charge on property acquired.	1. On indictment.	A fine.
		2. Summary.	The statutory maximum.	One-tenth of the statutory maximum.
402(3)	Authorising or permitting delivery of debenture or certificate of debenture stock, without endorsement on it of certificate of registration of charge.	Summary.	One-fifth of the statutory maximum.
[F40 403(2A)	Person making false statement under section 403(1A) which he knows to be false or does not believe to be true]	[F40 1.On indictment 2.Summary	2 years or a fine; or both 6 months or the statutory maximum; or both]
405(4)	Failure to give notice to registrar of appointment of receiver or manager, or of his ceasing to act.	Summary.	One-fifth of the statutory maximum.	One-fiftieth of the statutory maximum.
407(3)	Authorisation or permitting omission from company register of charges.	1. On indictment.	A fine.
		2. Summary.	The statutory maximum.
408(3)	Officer of company refusing inspection of charging instrument, or of register of charges.	Summary.	One-fifth of the statutory maximum.	One-fiftieth of the statutory maximum.
415(3)	Scottish company failing to send to registrar particulars of charge created by it, or of issue of debentures which requires registration.	1. On indictment.	A fine.
		2. Summary.	The statutory maximum.	One-tenth of the statutory maximum.
Section of Act creating offence	General nature of offence	Mode of prosecution	Punishment	Daily default fine (where applicable)
416(3)	Scottish company failing to send to registrar particulars of charge on property acquired by it.	1. On indictment.	A fine.
		2. Summary.	The statutory maximum.	One-tenth of the statutory maximum.
[F41 419(5A)	Person making false statement under section 419(1A) or (1B) which he knows to be false or does not believe to be true	1.On indictment 2.Summary	2 years or a fine; or both 6 months or the statutory maximum; or both]
422(3)	Scottish company authorising or permitting omission from its register of charges.	1. On indictment.	A fine.
		2. Summary.	The statutory maximum.
423(3)	Officer of Scottish company refusing inspection of charging instrument, or of register of charges.	Summary.	One-fifth of the statutory maximum.	One-fiftieth of the statutory maximum.
425(4)	Company failing to annex to memorandum court order sanctioning compromise or arrangement with creditors.	Summary.	One-fifth of the statutory maximum.
426(6)	Company failing to comply with requirements of section 426 (information to members and creditors about compromise or arrangement.)	1. On indictment.	A fine.
		2. Summary.	The statutory maximum.
426(7)	Director or trustee for debenture holders failing to give notice to company of matters necessary for purposes of section 426.	Summary.	One-fifth of the statutory maximum.
427(5)	Failure to deliver to registrar office copy of court order under section 427 (company reconstruction or amalgamation).	Summary.	One-fifth of the statutory maximum.	One-fiftieth of the statutory maximum.
[F42 429(6)]	[F42 Offeror failing to send copy of notice or making statutory declaration knowing it to be false, etc.]	[F42 1. On indictment.]	[F42 2 years or a fine; or both.]
		[F42 2. Summary.]	[F42 6 months or the statutory maximum; or both.]	[F42 One-fiftieth of the statutory maximum.]
[F42 430A(6)]	[F42 Offeror failing to give notice of rights to minority shareholder.]	[F42 1. On indictment.]	[F42 A fine.]	[F42 One-fiftieth of the statutory maximum.]
		[F42 2. Summary.]	[F42 The statutory maximum.]
444(3)	Failing to give Secretary of State, when required to do so, information about interests in shares, etc.; giving false information.	1. On indictment.	2 years or a fine; or both.
		2. Summary.	6 months or the statutory maximum; or both.
447(6)	Failure to comply with requirement to produce [F43 documents] imposed by Secretary of State under section 447.	1. On indictment.	A fine.
		2. Summary.	The statutory maximum.
[F44 448(7)]	[F45 Obstructing the exercise of any rights conferred by a warrant or failing to comply with a requirement imposed under subsection (3)(d).]	1. On indictment.	A fine.
		2. Summary.	The statutory maximum.
Section of Act creating offence	General nature of offence	Mode of prosecution	Punishment	Daily default fine (where applicable)
449(2)	Wrongful disclosure of information or document obtained under section 447 or 448.	1. On indictment.	2 years or a fine; or both.
		2. Summary.	6 months or the statutory maximum; or both.
450	Destroying or mutilating company documents; falsifying such documents or making false entries; parting with such documents or altering them or making omissions.	1. On indictment.	7 years or a fine; or both.
		2. Summary.	6 months or the statutory maximum; or both.
451	Making false statement or explanation in purported compliance with section 447.	1. On indictment.	2 years or a fine; or both.
		2. Summary.	6 months or the statutory maximum; or both.
455(1)	Exercising a right to dispose of, or vote in respect of, shares which are subject to restrictions under Part XV; failing to give notice in respect of shares so subject; entering into agreement void under section 454(2), (3).	1. On indictment.	A fine.
		2. Summary.	The statutory maximum.
455(2)	Issuing shares in contravention of restrictions of Part XV.	1. On indictment.	A fine.
		2. Summary.	The statutory maximum.
458	Being a party to carrying on company’s business with intent to defraud creditors, or for any fraudulent purpose.	1. On indictment.	7 years or a fine; or both.
		2. Summary.	6 months or the statutory maximum; or both.
461(5)	Failure to register office copy of court order under Part XVII altering, or giving leave to alter, company’s memorandum.	Summary.	One-fifth of the statutory maximum.	One-fiftieth of the statutory maximum.
467(4),(5),469(2), 470(3), 478(5), 480(2), 481(7), 482(5), 489, 490, 493(2), 495(7), 496(6), 497(7), 498(4), 528(7), 568(3), 573(2), 577(4), 577(6), 583(2), 584(2), 585(3), 585(6)(7), 588(5), 594(2), 595(4), 595(7)(8), 600(2), 624(2), 624(5), 625—629, 634, 635, 637(2), 640(4), 641(2), 651(3), 697(1), 697(2), 703(1), 710(4)	. . . F46	. . . F46	. . . F46	. . . F46
651(3)	Person obtaining court order to declare company’s dissolution void, then failing to register the order.	Summary.	One-fifth of the statutory maximum.	One-fiftieth of the statutory maximum.
[F47 652E(1)]	[F47 Person breaching or failing to perform duty imposed by section 652B or 652C.]	[F47 1. On indictment.]	[F47 A fine.]
		[F47 2. Summary.]	[F47 The statutory maximum.]
[F47 652E(2)]	[F47 Person failing to perform duty imposed by section 652B(6) or 652(2) with intent to conceal the making of application under section 652A.]	[F47 1. On indictment.]	[F47 7 years or a fine; or both .]
		[F47 2 . Summary.]	[F47 6 months or the statutory maximum; or both.]
[F48 652F(1)]	[F48 Person furnishing false or misleading information in connection with application under section 652A.]	[F48 1. On indictment.]	[F48 A fine.]
		[ 2. Summary.]	[F48 The statutory maximum.]
[F48 652F(2)]	[F48 Person making false application under section 652A.]	[F48 1. On indictment.]	[F48 A fine.]
		[F48 2. Summary.]	[F48 The statutory maximum.]
[F49 685(6A)	Person making false statement under section 685(4A) which he knows to be false or does not believe to be true	1.On indictment 2.Summary	2 years or a fine; or both 6 months or the statutory maximum; or both]
[F50 686(3A)	Person making false statement under section 686(2A) which he knows to be false or does not believe to be true	1.On indictment 2.Summary	2 years or a fine; or both 6 months or the statutory maximum; or both]
[F51 691(4A)	Person making false statement under section 691(3A) which he knows to be false or does not believe to be true	1.On indictment 2.Summary	2 years or a fine; or both 6 months or the statutory maximum; or both]
697(1)	Oversea company failing to comply with any of sections 691 to 693 or 696.	Summary.	For an offence which is not a continuing offence, one-fifth of the statutory maximum.
			For an offence which is a continuing offence, one-fifth of the statutory maximum.	One-fiftieth of the statutory maximum.
Section of Act creating offence	General nature of offence	Mode of prosecution	Punishment	Daily default fine (where applicable)
697(2)	Oversea company contravening section 694(6) (carrying on business under its corporate name after Secretary of State’s directions).	1. On indictment.	A fine.
		2. Summary.	The statutory maximum.	One-tenth of the statutory maximum.
[F52 697(3)]	[F52 Oversea Company failing to comply with Section 695A or Schedule 21A]	[F52 Summary]	[F52 For an offence which is not a continuing offence, one fifth of level 5 of the standard scale.]
			[F52 For an offence which is a continuing offence one fifth of level 5 of the standard scale.]	[F52 £100]
703(1)	Oversea company failing to comply with [F53 requirements as to accounts and reports].	1. On indictment.	A fine.
		2. Summary.	The statutory maximum.	One-tenth of the statutory maximum.
[F54 703D(5)]	[F54 Oversea company failing to deliver particulars of charge to registrar.]	[F54 1. On indictment.]	[F54 A fine.]
		[F54 2.Summary]	[F54 The statutory maximum.]
[F52 703R(1)]	[F52 Company failing to register winding up or commencement of insolvency proceedings etc.]	[F52 1.On indictment.]	[F52 A fine]
		[F52 2.Summary.]	[F52 The statutory maximum.]	[F52 £100]
[F52 703R(2).]	[F52 Liquidator failing to register appointment, termination of winding up or striking-off of company.]	[F52 1.On indictment.]	[F52 A fine.]
		[F52 2.Summary]	[F52 The statutory maximum.]	[F52 £100]
710(4)	. . . F46	. . . F46	. . . F46
720(4)	Insurance company etc. failing to send twice-yearly statement in form of Schedule 23.	Summary.	One-fifth of the statutory maximum.	One-fiftieth of the statutory maximum.
722(3)	Company failing to comply with section 722(2), as regards the manner of keeping registers, minute books and accounting records.	Summary.	One-fifth of the statutory maximum.	One-fiftieth of the statutory maximum.
Sch. 14, Pt. II, para. 1(3)	Company failing to give notice of location of overseas branch register, etc.	Summary.	One-fifth of the statutory maximum.	One-fiftieth of the statutory maximum.
Sch. 14, Pt. II, para. 4(2)	Company failing to transmit to its registered office in Great Britain copies of entries in overseas branch register, or to keep a duplicate of overseas branch register.	Summary.	One-fifth of the statutory maximum.	One-fiftieth of the statutory maximum.
[F52 Sch. 21C, Pt.I, para. 7]	[F52 Credit or financial institution failing to deliver accounting documents.]	[F52 1.On indictment.]	[F52 A fine.]
		[F52 2.Summary]	[F52 The statutory maximum.]	[F52 £100]
[F52 Sch. 21C, Pt.II, para. 15]	[F52 Credit or financial institution failing to deliver accounts and reports.]	[F52 1.On indictment.]	[F52 A fine.]
		[F52 2.Summary]	[F52 The statutory maximum.]	[F52 £100]
[F52 Sch. 21D, Pt.I, para. 5]	[F52 Company failing to deliver accounting documents.]	[F52 1.On indictment.]	[F52 A fine.]
		[F52 2.Summary]	[F52 The statutory maximum.]	[F52 £100]
[F52 Sch. 21D, Pt.I, para. 13]	[F52 Company failing to deliver accounts and reports.]	[F52 1.On indictment.]	[F52 A fine.]
		[F52 2.Summary]	[F52 The statutory maximum.]	[F52 £100]

Textual Amendments

F2 Sch. 24: entry relating to s. 12(3B) inserted (22.12.2000) by S.I. 2000/3373, art. 31(6)(a)

F3 Sch. 24: entry relating to s. 30(5C) inserted (22.12.2000) by S.I. 2000/3373, art. 31(6)(a)

F4 Sch. 24: entry relating to s. 43(3B) inserted (22.12.2000) by S.I. 2000/3373, art. 31(6)(a)

F5 Sch. 24: entry relating to s. 49(8B) inserted (22.12.2000) by S.I. 2000/3373, art. 31(6)(a)

F6 Sch. 24 : the entries relating to sections 56(4), 61, 64(5), 70(1), 78(1), 81(2), 82(5), 86(6), 87(4) and 97(4) repealed (29.4.1988 except as mentioned in S.I. 1988/740, art. 2, Sch.) by Financial Services Act 1986 (c. 60, SIF 69), s. 212(3), Sch. 17 Pt. I

F7 Sch. 24: entry relating to s. 117(7A) inserted (22.12.2000) by S.I. 2000/3373, art. 31(6)(a)

F8 Sch. 24: words in entries relating to s. 156(6)(7) inserted (22.12.2000) by S.I. 2000/3373, art. 31(6)(b)

F9 Sch. 24 entry inserted (1.12.2003) by The Companies (Acquisition of Own Shares)(Treasury Shares) Regulations 2003 (S.I. 2003/1116), reg. 4, {Sch. para. 33}

F10 Sch. 24 entry inserted (1.12.2003) by The Companies (Acquisition of Own Shares)(Treasury Shares) Regulations 2003 (S.I. 2003/1116), reg. 4, {Sch. para. 33}

F11 Words substituted (subject to the transitional and savings provisions mentioned in S.I. 1990/355, arts. 6–9, Sch. 3 para. 2) by Companies Act 1989 (c. 40, SIF 27), s. 23, Sch. 10 para. 24(2)

F12 Entry inserted (subject to the transitional and savings provisions in S.I. 1990/2569, art. 6) by Companies Act 1989 (c. 40, SIF 27), s. 23, Sch. 10 para. 24(3)

F13 Entry inserted (subject to the transitional and savings provisions mentioned in S.I. 1990/355, arts. 6–9) by Companies Act 1989 (c. 40, SIF 27), s. 23, Sch. 10 para. 24(3)

F14 Sch. 24: entries inserted (1.8.2002) by The Directors' Remuneration Report Regulations 2002 (S.I. 2002/1986), reg. 10(14)(a)

F15 Words inserted by Companies Act 1989 (c. 40, SIF 27), s. 23, Sch. 10 para. 24(2)

F16 Sch. 24: entries inserted (1.8.2002) by The Directors' Remuneration Report Regulations 2002 (S.I. 2002/1986), reg. 10(14)(b)

F17 Entry repealed (subject to the transitional and savings provisions in S.I. 1990/2569, art. 6) by Companies Act 1989 (c. 40, SIF 27), ss. 23, 212, 213(2), Sch. 10 para. 24(2), Sch. 24

F18 Entry repealed (subject to the transitional and savings provisions mentioned in S.I. 1990/355, arts. 5–9) by Companies Act 1989 (c. 40, SIF 27), s. 23, Sch. 10 para. 24(2), Sch. 24

F19 Sch. 24 : entry repealed by Companies Act 1989 (c. 40, SIF 27), ss. 212, 213(2), Sch. 24 (subject to the transitional and savings provisions in S.I. 1990/355, arts. 5, 12)

F20 Sch. 24 : entries repealed by Company Directors Disqualification Act 1986 (c. 46, SIF 27), s. 23(2), Sch. 4

F21 Sch. 24: entry inserted (15.7.1992) by S.I. 1992/1699, reg. 2, Sch. para. 3(3).

F22 Words substituted by Financial Services Act 1986 (c. 60, SIF 69), s. 212(2), Sch. 16 para. 27(a)

F23 Sch. 24: entry inserted (15.7.1992) by S.I. 1992/1699, reg. 2, Sch. para. 4(2).

F24 Figure substituted by Companies Act 1989 (c. 40, SIF 27), ss. 139(3), 213(2) (subject to transitional and saving provisions in S.I. 1990/1707, arts. 4 and 5)

F25 Sch. 24 : entry repealed by Companies Act 1989 (c. 40, SIF 27), ss. 212, 213(2), 215(2), Sch. 24 (subject to the transitional and savings provisions mentioned in S.I. 1990/1707, arts. 4, 5)

F26 Sch. 24: entry 381B(2) inserted (19.6.1996) by S.I. 1996/1471, art. 3(2)(c) (with art. 3(3))

F27 Sch. 24: entry inserted (15.7.1992) by S.I. 1992/1699, reg. 2, Sch. para. 6(2).

F28 Sch. 24 : entry repealed by Companies Act 1989 (c. 40, SIF 27), ss. 212, 213(2), Sch. 24 (subject to the transitional and savings provisions in S.I. 1990/355, art. 5)

F29 Sch. 24 : entry repealed by Companies Act 1989 (c. 40, SIF 27), ss. 212, 213(2), Sch. 24 (subject to the transitional and savings provisions in S.I. 1990/355, art. 5

F30 Sch. 24 : entry inserted by Companies Act 1989 (c. 40, SIF 27), ss. 119(2), 213(2) (subject to transitional and saving provisions in S.I. 1990/355, arts. 4, 10, Sch. 4)

F31 Sch. 24 : entry relating to s. 389(10) repealed (prosp.) by Companies Act 1989 (c. 40, SIF 27), ss. 212, 213(2), 215, Sch. 24

F32 Sch. 24 : entry inserted by Companies Act 1989 (c. 40, SIF 27), ss. 120(3), 213(2) (subject to transitional and saving provisions in S.I. 1990/355, arts. 4, 10, Sch. 4)

F33 Sch. 24 : entry repealed by Companies Act 1989 (c. 40, SIF 27), ss. 212, 213(2), Sch. 24 (subject to the transitional and savings provisions in S.I. 1990/355, art. 5)

F34 Sch. 24 : entry inserted by Companies Act 1989 (c. 40, SIF 27), ss. 122(2), 213(2) (subject to transitional and savings provisions in S.I. 1990/355, arts. 4, 10, Sch. 4)

F35 Sch. 24 : entry repealed by Companies Act 1989 (c. 40, SIF 27), ss. 212, 213(2), Sch. 24 (subject to the transitional and savings provisions in S.I. 1990/355, art. 5)

F36 Sch. 24 : entry repealed by Companies Act 1989 (c. 40, SIF 27), ss. 212, 213(2), Sch. 24 (subject to the transitional and savings provisions in S.I. 1990/355, art. 5)

F37 Sch. 24 : entry inserted by Companies Act 1989 (c. 40, SIF 27), ss. 122(2) 213(2) (subject to transitional and savings provisions in S.I. 1990/355, arts. 4, 10, Sch. 4)

F38 Sch. 24 : entry repealed by Companies Act 1989 (c. 40, SIF 27), ss. 212, 213(2), Sch. 24 (subject to the transitional and savings provisions in S.I. 1990/355, art. 5)

F39 Sch. 24 : entry inserted by Companies Act 1989 (c. 40, SIF 27), ss. 123(2), 213(2) (subject to transitional and savings provisions in S.I. 1990/355, arts. 4, 10, Sch. 4)

F40 Sch. 24: entry relating to s. 403(2A) inserted (22.12.2001) by S.I. 2000/3373, art. 31(6)(a)

F41 Sch. 24: entry relating to s. 419(5A) inserted (22.12.2000) by S.I. 2000/3373, art. 31(6)(a)

F42 Sch. 24 : entries inserted by Financial Services Act 1986 (c. 60, SIF 69), s. 212(2), Sch. 16 para. 27(b)

F43 Words substituted by Companies Act 1989 (c. 40, SIF 27), ss. 63(8), 213(2)

F44 Figure substituted by Companies Act 1989 (c. 40, SIF 27), ss. 64(2), 213(2)

F45 Words substituted by Companies Act 1989 (c. 40, SIF 27), ss. 64(2), 213(2)

F46 Sch. 24 : entries relating to ss. 467 to 641(2), and the entry relating to s. 710(4), repealed by Insolvency Act 1986 (c. 45, SIF 66), s. 438, Sch. 12

F47 Sch. 24: entries 652E(1)(2) inserted (1.7.1995) by 1994 c. 40, s. 13(1), Sch. 5 para. 4; S.I. 1995/1433, art. 3(a)

F48 Sch. 24: entries 652F(1)(2) inserted (1.7.1995) by 1994 c. 40, s. 13(1), Sch. 5 para. 4; S.I. 1995/1433, art. 3(a)

F49 Sch. 24: entry relating to s. 684(6A) inserted (22.12.2000) by S.I. 2000/3373, art. 31(6)(a)

F50 Sch. 24: entry relating to s. 686(3A) inserted (22.12.2000) by S.I. 2000/3373, art. 31(6)(a)

F51 Sch. 24: entry relating to s. 691(4A) inserted (22.12.2000) by S.I. 2000/3373, art. 31(6)(a)

F52 Sch. 24: entries inserted (1.1.1993) by S.I. 1992/3179, reg. 4, Sch. 3 para. 9.

F53 Words substituted by Companies Act 1989 (c. 40, SIF 27), ss. 23, 213(2), Sch. 10 para. 24(4) (subject to the transitional and savings provisions in S.I. 1990/355, art. 8, Sch. 3 paras. 2, 3)

F54 Sch. 24 : entry inserted (prosp.) by Companies Act 1989 (c. 40, SIF 27), ss. 107, 213(2), 215(2), Sch. 16 para. 2(3)