Companies Act 1989

137 Effecting of insurance for officers and auditors of company. U.K.

(1) In section 310 of the M1 Companies Act 1985 (provisions exempting officers and auditors from liability), for subsection (3) (permitted provisions) substitute—

“(3) This section does not prevent a company—

(a) from purchasing and maintaining for any such officer or auditor insurance against any such liability, or

(b) from indemnifying any such officer or auditor against any liability incurred by him—

(i) in defending any proceedings (whether civil or criminal) in which judgment is given in his favour or he is acquitted, or

(ii) in connection with any application under section 144(3) or (4) (acquisition of shares by innocent nominee) or section 727 (general power to grant relief in case of honest and reasonable conduct) in which relief is granted to him by the court.”.

(2) In Part I of Schedule 7 to the Companies Act 1985 (general matters to be dealt with in directors’ report), after paragraph 5 insert—

“ Insurance effected for officers or auditors

5A Where in the financial year the company has purchased or maintained any such insurance as is mentioned in section 310(3)(a) (insurance of officers or auditors against liabilities in relation to the company), that fact shall be stated in the report.”

Marginal Citations

M1 1985 c. 6.