Companies (Amendment) Act, 1986
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Offences and penalties. |
22.—(1) (a) If a company fails to comply with a provision of section 5 , 6 , 7 , 10 , 11 , 16 , 18 or 19 of this Act, the company and every officer of the company who is in default shall be liable on summary conviction to a fine not exceeding £1,000. | |
(b) Proceedings for an offence under this subsection, in relation to sections 7 , 10 , 11 , 16 or 18 of this Act, may be brought and prosecuted by the registrar of companies. | ||
(2) If any person, being a director of a company, fails to take all reasonable steps to secure compliance with the requirements of section 3 or section 4 (other than subsections (3) and (13)) of this Act or to comply with the provisions of subsections (3) or (13) of section 4 or section 13 or 14 of this Act, he shall in respect of each offence be liable on summary conviction to imprisonment for a term not exceeding 6 months, or, at the discretion of the court to a fine not exceeding £1,000 or to both so, however, that— | ||
(a) in any proceedings against a person in respect of an offence under this subsection, it shall be a defence to prove that he had reasonable grounds to believe and did believe that a competent and reliable person was charged with the duty of ensuring that the provisions of the said section 3 or section 4 (other than subsections (3) and (13)), as may be appropriate, were complied with and that the latter person was in a position to discharge that duty, and | ||
(b) a person shall not be liable to be sentenced to imprisonment for such an offence unless, in the opinion of the court, the offence was committed wilfully. | ||
(3) If any person in any return, report, certificate, balance sheet or other documents required by or for the purposes of any of the provisions of this Act wilfully makes a statement false in any material particular, knowing it to be false, he shall be liable— | ||
(a) on conviction on indictment, to imprisonment for a term not exceeding 3 years or a fine not exceeding £2,500 or both, or | ||
(b) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding £1,000 or both. | ||
(4) Section 385 of the Principal Act shall have effect as if for the sum mentioned in subsection (1) there were substituted “£1,000”. | ||
(5) In this section “director” and “officer” includes any person in accordance with whose directions or instructions the directors of the company are accustomed to act. |