PART 1Companies etc

General offences and enforcement

102General false statement offences

(1)

The Companies Act 2006 is amended as follows.

(2)

In section 1059A (scheme of Part 35), in subsection (3), for the entry relating to sections 1112 and 1113 substitute—

  • “sections 1112, 1112A and 1113 (enforcement).”

(3)

For section 1112 substitute—

“1112False statements: basic offence

(1)

It is an offence for a person, without reasonable excuse, to—

(a)

deliver or cause to be delivered to the registrar, for any purpose of the Companies Acts, a document that is misleading, false or deceptive in a material particular, or

(b)

make to the registrar, for any purpose of the Companies Acts, a statement that is misleading, false or deceptive in a material particular.

(2)

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

(3)

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

(a)

on summary conviction in England and Wales, to a fine;

(b)

on summary conviction in Scotland, to a fine not exceeding level 5 on the standard scale;

(c)

on summary conviction in Northern Ireland, to a fine not exceeding level 5 on the standard scale.

1112AFalse statements: aggravated offence

(1)

It is an offence for a person knowingly to—

(a)

deliver or cause to be delivered to the registrar, for any purpose of the Companies Acts, a document that is misleading, false or deceptive in a material particular, or

(b)

make to the registrar, for any purpose of the Companies Acts, a statement that is misleading, false or deceptive in a material particular.

(2)

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

(3)

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

(a)

on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both);

(b)

on summary conviction—

(i)

in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

(ii)

in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);

(iii)

in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both).”

(4)

In section 1126 (consents required for certain prosecutions)—

(a)

in subsection (1), for the entry relating to section 1112 substitute—

  • “section 1112 or 1112A of this Act (false statement offences);”;

(b)

in subsections (2)(a)(iv) and (3)(a)(iv), after “1112” insert “or 1112A”.