—If a person acts in contravention of a disqualification order or [F1disqualification undertaking or in contravention] of section 12(2) [F2, 12A or 12B], or is guilty of an offence under section 11, he is liable—
(a)on conviction on indictment, to imprisonment for not more than 2 years or a fine, or both; and
(b)on summary conviction, to imprisonment for not more than 6 months or a fine not exceeding the statutory maximum, or both.
Textual Amendments
F1Words in s. 13 inserted (2.4.2001) by 2000 c. 39, s. 8, Sch. 4 Pt. I para. 8(a)(b); S.I. 2001/766, art. 2(1)(a) (subject to transitional provisions in art. 3)
F2Words in s. 13 substituted (1.9.2004) by The Insolvency Act 2000 (Company Directors Disqualification Undertakings) Order 2004 (S.I. 2004/1941), art. 2(3) (with art. 1(2))
(1)Where a body corporate is guilty of an offence of acting in contravention of a disqualification order [F3or disqualification undertaking or in contravention of section 12A][F4or 12B], and it is proved that the offence occurred with the consent or connivance of, or was attributable to any neglect on the part of any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity he, as well as the body corporate, is guilty of the offence and liable to be proceeded against and punished accordingly.
(2)Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
Textual Amendments
F3Words in s. 14(1) inserted (2.4.2001) by 2000 c. 39, s. 8, Sch. 4 Pt. I para. 9; S.I. 2001/766, art. 2(1)(a) (subject to transitional provisions in art. 3)
F4Words in s. 14(1) inserted (1.9.2004) by The Insolvency Act 2000 (Company Directors Disqualification Undertakings) Order 2004 (S.I. 2004/1941), art. 2(4) (with art. 1(2))
(1)A person is personally responsible for all the relevant debts of a company if at any time—
(a)in contravention of a disqualification order or [F5disqualification undertaking or in contravention]of section 11 [F6, 12A or 12B] of this Act he is involved in the management of the company, or
(b)as a person who is involved in the management of the company, he acts or is willing to act on instructions given without the leave of the court by a person whom he knows at that time to be the subject of a disqualification order [F7or disqualification undertaking or a disqualification order under Part II of the M1Companies (Northern Ireland) Order 1989][F8or disqualification undertaking under the Company Directors Disqualification (Northern Ireland) Order 2002] or to be an undischarged bankrupt.
(2)Where a person is personally responsible under this section for the relevant debts of a company, he is jointly and severally liable in respect of those debts with the company and any other person who, whether under this section or otherwise, is so liable.
(3)For the purposes of this section the relevant debts of a company are—
(a)in relation to a person who is personally responsible under paragraph (a) of subsection (1), such debts and other liabilities of the company as are incurred at a time when that person was involved in the management of the company, and
(b)in relation to a person who is personally responsible under paragraph (b) of that subsection, such debts and other liabilities of the company as are incurred at a time when that person was acting or was willing to act on instructions given as mentioned in that paragraph.
(4)For the purposes of this section, a person is involved in the management of a company if he is a director of the company or if he is concerned, whether directly or indirectly, or takes part, in the management of the company.
(5)For the purposes of this section a person who, as a person involved in the management of a company, has at any time acted on instructions given without the leave of the court by a person whom he knew at that time to be the subject of a disqualification order [F9or disqualification undertaking or a disqualification order under Part II of the Companies (Northern Ireland) Order 1989][F10or disqualification undertaking under the Company Directors Disqualification (Northern Ireland) Order 2002] or to be an undischarged bankrupt is presumed, unless the contrary is shown, to have been willing at any time thereafter to act on any instructions given by that person.
Textual Amendments
F5Words in s. 15(1)(a) inserted (2.4.2001) by 2000 c. 39, s. 8, Sch. 4 Pt. I para. 10(2)(a); S.I. 2001/766, art. 2(1)(a) (subject to transitional provisions in art. 3)
F6Words in s. 15(1)(a) substituted (1.9.2004) by The Insolvency Act 2000 (Company Directors Disqualification Undertakings) Order 2004 (S.I. 2004/1941), art. 2(5)(a)(i) (with art. 1(2))
F7Words in s. 15(1)(b) inserted (2.4.2001) by 2000 c. 39, s. 8, Sch. 4 Pt. I para. 10(2)(b); S.I. 2001/766, art. 2(1)(a) (subject to transitional provisions in art. 3)
F8Words in s. 15(1)(b) inserted (1.9.2004) by The Insolvency Act 2000 (Company Directors Disqualification Undertakings) Order 2004 (S.I. 2004/1941), art. 2(5)(a)(ii) (with art. 1(2))
F9Words in s. 15(5) inserted (2.4.2001) by 2000 c. 39, s. 8, Sch. 4 Pt. I para. 10(3); S.I. 2001/766, art. 2(1)(a) (subject to transitional provisions in art. 3)
F10Words in s. 15(5) inserted (1.9.2004) by The Insolvency Act 2000 (Company Directors Disqualification Undertakings) Order 2004 (S.I. 2004/1941), art. 2(5)(b) (with art. 1(2))
Modifications etc. (not altering text)
C1S. 15 extended (with modifications) by S.I. 1986/2142, art. 6
C2S. 15 extended (with modifications) (1.7.1989) by S.I. 1989/638, regs. 20, 21
C3S. 15 applied (1.12.1994) by S.I. 1994/2421, art. 16, Sch. 8
Marginal Citations