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Companies Act 2006

Changes over time for: Section 167N

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Companies Act 2006, Section 167N is up to date with all changes known to be in force on or before 22 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

  • Act amendment to earlier affecting provision S.I. 2008/373 reg. 11(1) by S.I. 2013/1971 reg. 9(a) (This amendment not applied to legislation.gov.uk. Amending Regulations revoked (1.10.2013) without ever being in force by S.I. 2013/2224, reg. 2)
  • Act amendment to earlier affecting provision S.I. 2008/373 reg. 3(4) by S.I. 2013/1971 reg. 4 (This amendment not applied to legislation.gov.uk. Amending Regulations revoked (1.10.2013) without ever being in force by S.I. 2013/2224, reg. 2)
  • Act amendment to earlier affecting provision S.I. 2014/3348, art. 220A by S.I. 2024/1115 reg. 4(3)

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

[F1167NProhibition on acting unless directorship notifiedU.K.
This section has no associated Explanatory Notes

(1)This section applies where—

(a)a person has become a director of a company otherwise than on its incorporation, and

(b)notice under section 167G of the person having done so has not been given within the period mentioned in subsection (6) of that section.

(2)The person may not act as a director of the company until notice is given under section 167G.

(3)A person who contravenes subsection (2) commits an offence.

(4)Where the offence is committed by a firm, every officer of the firm who is in default also commits the offence.

(5)It is a defence for a person charged with an offence under this section to prove that they reasonably believed that notice had been given under section 167G.

(6)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.

(7)The only consequence of a contravention of subsection (2) is the offence provided for by this section (so that, for example, a contravention does not in any way affect the validity of a person’s acts as a director).]

Textual Amendments

F1S. 167N 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. 44, 219(1)(2)(b)

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