C12C9Part 36Offences under the Companies Acts

Annotations:
Modifications etc. (not altering text)
C12

Pts. 1-39 modified (31.12.2020) by Regulation (EC) No. 2157/2001, Art. AAA1(3) (as inserted by The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1298), regs. 1, 97 (with regs. 140-145) (as amended by S.I. 2020/523, regs. 1(2), 5(a)-(f)); 2020 c. 1, Sch. 5 para. 1(1))

Liability of officer in default

I1C1C2C3C4C5C6C7C8C10C111121Liability of officer in default

1

This section has effect for the purposes of any provision of the Companies Acts to the effect that, in the event of contravention of an enactment in relation to a company, an offence is committed by every officer of the company who is in default.

2

For this purpose “officer” includes—

a

any director, manager or secretary, and

b

any person who is to be treated as an officer of the company for the purposes of the provision in question.

3

An officer is “in default” for the purposes of the provision if he authorises or permits, participates in, or fails to take all reasonable steps to prevent, the contravention.