The Companies (Northern Ireland) Order 1986

Penalty for failure to provide information N.I.

224.—(1) Where notice is served by a company under Article 220 on a person who is or was interested in shares in the company and that person fails to give the company any information required by the notice within the time specified in it, the company may apply to the court for an order directing that the shares in question be subject to the restrictions of Part XVI.

[F1 (1A) On an application made under paragraph (1) the court may make an interim order and any such order may be made unconditionally or on such terms as the court thinks fit.

(1B) If the court is satisfied that an order under paragraph (1) may unfairly affect the rights of third parties in respect of shares then the court, for the purpose of protecting such rights and subject to such terms as it thinks fit, may direct that such acts by such persons and for such purposes as may be set out in the order, shall not constitute a breach of the restrictions of Part XVI.]

(2) [F1 An order under this Article] may be made by the court notwithstanding any power contained in the applicant company's memorandum or articles enabling the company itself to impose similar restrictions on the shares in question.

(3) Subject to paragraphs (4) and (5), a person who fails to comply with a notice under Article 220 or who, in purported compliance with such a notice, makes any statement which he knows to be false in a material particular or recklessly makes any statement which is false in a material particular is guilty of an offence and liable to imprisonment or a fine, or both.[F2 Article 680A (liability of individual for corporate default) applies to offences under this paragraph.]

(4) A person is not guilty of an offence by virtue of failing to comply with a notice under Article 220 if he proves that the requirement to give the information was frivolous or vexatious.

(5) A person is not obliged to comply with a notice under Article 220 if he is for the time being exempted by the Department from the operation of that Article; but the Department shall not grant any such exemption unless—

(a) it has consulted with the Governor of the Bank of England, and

(b) the Department is satisfied that, having regard to any undertaking given by the person in question with respect to any interest held or to be held by him in any shares, there are special reasons why that person should not be subject to the obligations imposed by that Article.

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F1 SR 1992/257

F2 1990 NI 10