C10C8Part 36Offences under the Companies Acts F1and financial penalties

Annotations:
Amendments (Textual)
F1

Words in Pt. 36 heading inserted (26.10.2023 for specified purposes, 4.3.2024 in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 104(2), 219(1)(2)(b); S.I. 2024/269, reg. 2(z41)

Modifications etc. (not altering text)
C10

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

I1C1C4C3C2C6C5C7C9C15C13C17C11C16C14C12C18C191121Liability 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.