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Fraud Act 2006
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Changes over time for: Section 9
Version Superseded: 01/10/2009
Alternative versions:
- 15/01/2007- Amendment
- 01/10/2007- Amendment
- 01/10/2007
Point in time - 01/10/2009- Amendment
- 07/02/2023- Amendment
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9Participating in fraudulent business carried on by sole trader etc.E+W+N.I.
This section has no associated Explanatory Notes
(1)A person is guilty of an offence if he is knowingly a party to the carrying on of a business to which this section applies.
(2)This section applies to a business which is carried on—
(a)by a person who is outside the reach of [F1section 993 of the Companies Act 2006]F1(offence of fraudulent trading) , and
(b)with intent to defraud creditors of any person or for any other fraudulent purpose.
(3)The following are within the reach of [F2that section]F2—
(a)a company (within the meaning of [F3the Companies Act 1985 or the Companies (Northern Ireland) Order 1986]F3);
(b)a person to whom that section applies (with or without adaptations or modifications) as if the person were a company;
(c)a person exempted from the application of that section.
(4)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)“Fraudulent purpose” has the same meaning as in [F5that section]F5.
(6)A person guilty of an offence under this section is liable—
(a)on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or to both);
(b)on conviction on indictment, to imprisonment for a term not exceeding 10 years or to a fine (or to both).
(7)Subsection (6)(a) applies in relation to Northern Ireland as if the reference to 12 months were a reference to 6 months.
Textual Amendments
F1Words in s. 9(2)(a) substituted (1.10.2007 with application as mentioned in Sch. 4 para. 111(6) of the amending S.I.) by virtue of The Companies Act 2006 (Commencement No. 3, Consequential Amendments, Transitional Provisions and Savings) Order 2007 (S.I. 2007/2194), arts. 1(3)(a), 10(1), Sch. 4 para. 111(2) (with art. 12)
F2Words in s. 9(3) substituted (1.10.2007 with application as mentioned in Sch. 4 para. 111(6) of the amending S.I.) by The Companies Act 2006 (Commencement No. 3, Consequential Amendments, Transitional Provisions and Savings) Order 2007 (S.I. 2007/2194), arts. 1(3)(a), 10(1), Sch. 4 para. 111(3)(a) (with art. 12)
F3Words in s. 9(3)(a) substituted (1.10.2007 with application as mentioned in Sch. 4 para. 111(6) of the amending S.I.) by The Companies Act 2006 (Commencement No. 3, Consequential Amendments, Transitional Provisions and Savings) Order 2007 (S.I. 2007/2194), arts. 1(3)(a), 10(1), Sch. 4 para. 111(3)(b) (with art. 12)
F4S. 9(4) repealed (1.10.2007 with application as mentioned in Sch. 4 para. 111(6) of the amending S.I.) by The Companies Act 2006 (Commencement No. 3, Consequential Amendments, Transitional Provisions and Savings) Order 2007 (S.I. 2007/2194), arts. 1(3)(a), 10(1)(3), Sch. 4 para. 111(4), Sch. 5 (with art. 12)
F5Words in s. 9(5) substituted (1.10.2007 with application as mentioned in Sch. 4 para. 111(6) of the amending S.I.) by The Companies Act 2006 (Commencement No. 3, Consequential Amendments, Transitional Provisions and Savings) Order 2007 (S.I. 2007/2194), arts. 1(3)(a), 10(1), Sch. 4 para. 111(5) (with art. 12)
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