Version Superseded: 01/10/2009
Point in time view as at 11/01/2005. This version of this provision has been superseded.
There are currently no known outstanding effects for the Companies Act 1985, Section 85.
(1)An allotment made by a company to an applicant in contravention of section [F183 or] 84 is voidable at the instance of the applicant within one month after the date of the allotment, and not later, and is so voidable notwithstanding that the company is in the course of being wound up.
(2)If a director of a company knowingly contravenes, or permits or authorises the contravention of, any provision of either of those sections with respect to allotment, he is liable to compensate the company and the allottee respectively for any loss, damages or costs which the company or the allottee may have sustained or incurred by the contravention.
(3)But proceedings to recover any such loss, damages or costs shall not be commenced after the expiration of 2 years from the date of the allotment.
Textual Amendments
F1Words repealed (29.4.1988 except as mentioned in S.I. 1988/740, art. 2, Sch.) by Financial Services Act 1986 (c. 60, SIF 69), ss. 211(1), 212(3), Sch. 17 Pt. I
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