[F1(1)An officer of a company]. . . who—
(a)destroys, mutilates or falsifies, or is privy to the destruction, mutilation or falsification of a document affecting, or relating to the [F2company’s] property or affairs, or
(b)makes, or is privy to the making of, a false entry in such a document,
is guilty of an offence, unless he proves that he had no intention to conceal the state of affairs of [F3the company] or to defeat the law.
[F4(1A)Subsection (1) applies to an officer of an authorised insurance company which is not a body corporate as it applies to an officer of a company.]
(2)Such a person as above mentioned who fraudulently either parts with, alters or makes an omission in any such document or is privy to fraudulent parting with, fraudulent altering or fraudulent making of an omission in, any such document, is guilty of an offence.
(3)A person guilty of an offence under this section is liable to imprisonment or a fine, or both.
[F5(4)Sections 732 (restriction on prosecutions), 733 (liability of individuals for corporate default) and 734 (criminal proceedings against unincorporated bodies) apply to an offence under this section.]
[F6(5)In this section “document” includes information recorded in any form.]
Textual Amendments
F1Words substituted by Companies Act 1989 (c. 40, SIF 27), ss. 66(2), 213(2)
F2Words substituted by Companies Act 1989 (c. 40, SIF 27), ss. 66(2), 213(2)
F3Words substituted by Companies Act 1989 (c. 40, SIF 27), ss. 66(2), 213(2)
F4S. 450(1A) inserted (1.12.2001) by S.I. 2001/3649, art. 23(1)(3)
F5S. 450(4) substituted by Companies Act 1989 (c. 40, SIF 27), ss. 66(3), 213(2)
F6S. 450(5) inserted by Companies Act 1989 (c. 40, SIF 27), ss. 66(4), 213(2)
Modifications etc. (not altering text)
C1S. 450 extended (with modifications) by S.I. 1989/638, regs. 18, 21, Sch. 4 para. 11
C2S. 450 applied (with modifications) (6.4.2001) by S.I. 2001/1090, reg. 4, Sch. 2 Pt. I (as amended (4.3.2004) by S.I. 2004/355, art. 9(2))
C3S. 450 restricted (20.1.2007, 6.4.2007, 1.10.2007, 6.4.2008 for specified purposes) by Companies Act 2006 (c. 46), ss. 1126, 1300 (with s. 1133); S.I. 2006/3428, art. 3(2)(b) (subject to art. 5, Sch. 1 and with arts. 6, 8, Sch. 5 (as amended by S.I. 2007/3495, art. 11, Sch. 5)); S.I. 2007/1093, art. 2(2)(c); S.I. 2007/2194, art. 2(1)(l)(3)(h) (with art. 12); S.I. 2007/3495, art. 3(1)(n) (with arts. 7, 12)
C4S. 450(1) amended (1.7.1994) by S.I. 1994/1696, reg. 68, Sch. 8 Pt. I para. 9(1)(c)