C14C12Part 36Offences under the Companies Acts

Annotations:
Modifications etc. (not altering text)
C14

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))

General provisions

C7C8C9C10I1C11C131130C1C2C3C4C5C6Proceedings against unincorporated bodies

1

Proceedings for an offence under the Companies Acts alleged to have been committed by an unincorporated body must be brought in the name of the body (and not in that of any of its members).

2

For the purposes of such proceedings—

a

any rules of court relating to the service of documents have effect as if the body were a body corporate, and

b

the following provisions apply as they apply in relation to a body corporate—

i

in England and Wales, section 33 of the Criminal Justice Act 1925 (c. 86) and Schedule 3 to the Magistrates' Courts Act 1980 (c. 43),

ii

in Scotland, sections 70 and 143 of the Criminal Procedure (Scotland) Act 1995 (c. 46),

iii

in Northern Ireland, section 18 of the Criminal Justice Act (Northern Ireland) 1945 (c. 15 (N.I.)) and Article 166 of and Schedule 4 to the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)).

3

A fine imposed on an unincorporated body on its conviction of an offence under the Companies Acts must be paid out of the funds of the body.