Companies Act 1985

734 Criminal proceedings against unincorporated bodies. E+W+S

(1) Proceedings for an offence alleged to have been committed under [F1 section 245E(3), section 245G(7),]F2 . . . [F3 section 394A(1) or] any of sections [F4 448, 449 to 451 or section 453A] by an unincorporated body shall be brought in the name of that body (and not in that of any of its members), and for the purposes of any such proceedings, any rules of court relating to the service of documents apply as if that body were a corporation.

(2) A fine imposed on an unincorporated body on its conviction of such an offence shall be paid out of the funds of that body.

(3) In a case in which an unincorporated body is charged in England and Wales with such an offence, section 33 of the M1 Criminal Justice Act 1925 and Schedule 3 to the M2 Magistrates’ Courts Act 1980 (procedure on charge of an offence against a corporation) have effect in like manner as in the case of a corporation so charged.

(4) In relation to proceedings on indictment in Scotland for such an offence alleged to have been committed by an unincorporated body, [F5 section 70 of the Criminal Procedure (Scotland) Act 1995] (proceedings on indictment against bodies corporate) has effect as if that body were a body corporate.

[F6 (5) Where such an offence committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.

(6) Where such an offence committed by an unincorporated body (other than a partnership) is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any officer of the body or any member of its governing body, he as well as the body is guilty of the offence and liable to be proceeded against and punished accordingly.]

Textual Amendments

F1 Words in s. 734(1) inserted (6.4.2005) by Companies (Audit, Investigations and Community Enterprise) Act 2004 (c. 27), ss. 25, 65, Sch. 2 para. 9(a); S.I. 2004/3322, art. 2(2), Sch. 2 (subject to arts. 3-13)

F2 Words in s. 734(1) repealed (6.4.2005) by Companies (Audit, Investigations and Community Enterprise) Act 2004 (c. 27), ss. 25, 64, 65, Sch. 2 para. 9(b), Sch. 8; S.I. 2004/3322, art. 2(2), Sch. 2 (subject to arts. 3-13)

F3 Words inserted (subject to the transitional and saving provisions in S.I. 1990/355, arts. 4, 10, Sch. 4 as amended by S.I. 1990/1707, art. 8) by Companies Act 1989 (c. 40, SIF 27), ss. 123(4), 213(2)

F4 Words in s. 734(1) substituted (6.4.2005) by Companies (Audit, Investigations and Community Enterprise) Act 2004 (c. 27), ss. 25, 65, Sch. 2 para. 24; S.I. 2004/3322, art. 2(2), Sch. 2 (subject to arts. 3-13)

F5 Words in s. 734(4) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 56(4)

F6 S. 734(5)(6) added by Companies Act 1989 (c. 40, SIF 27), ss. 145, 213(2), Sch. 19 para. 18

Modifications etc. (not altering text)

C1 S. 734 applied (21.7.1993) by S.I. 1993/1820, reg. 8(5)(c)

S. 734 applied (19.12.1993) by S.I. 1993/3245, reg. 6(5)(c)

S. 734 applied (with modifications) (6.4.2001) by S.I. 2001/1090, reg. 4, Sch. 2 Pt. I

Marginal Citations

M1 1925 c. 86.

M2 1980 c. 43.