C2C1Part 10A company's directors

Annotations:
Modifications etc. (not altering text)
C2

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))

C2Chapter 1Appointment and removal of directors

F1Directors: duties relating to ID verification and notification

Annotations:
Amendments (Textual)
F1

S. 167M and cross-heading inserted (26.10.2023 but only so far as it confers a power to make regulations or relates to the exercise of the power, otherwise prosp.) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 43, 219(1)(2)(b)

167MProhibition on director acting unless ID verified

1

An individual must not act as a director of a company unless the individual’s identity is verified (see section 1110A).

2

A company must ensure that an individual does not act as a director unless the individual’s identity is verified (see section 1110A).

3

A person who contravenes subsection (1) commits an offence.

4

If a company contravenes subsection (2) an offence is committed by—

a

the company, and

b

every officer of the company who is in default.

For this purpose a shadow director is treated as an officer of the company.

5

A person guilty of an offence under this section is liable on summary conviction—

a

in England and Wales, to a fine;

b

in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale and, for continued contravention, a daily default fine not exceeding one-tenth of level 5 on the standard scale.

6

The only consequences of contravening subsections (1) and (2) are the offences provided for by this section (so that, for example, a contravention does not in any way affect the validity of an individual’s acts as a director).