- Draft legislation
This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Companies Act 2006 (Consequential Amendments etc) Order 2008 No. 948
6. In section 112 of the Companies Act 1989 (charitable companies: Scotland), for subsection (8) substitute—
“(8) If a company fails to comply with subsection (6) it commits an offence.
(9) An officer of a company, or a person acting on its behalf, who—
(a)issues or authorises the issue of any business letter of the company, or any notice or other official publication of the company, in which the statement required by subsection (6) does not appear, or
(b)issues or authorises the issue of any bill, invoice, receipt or letter of credit in which the statement required by subsection (6) does not appear,
commits an offence.
(10) An officer of a company, or a person acting on its behalf, who signs or authorises to be signed on behalf of the company any bill of exchange, promissory note, endorsement, cheque or order for money or goods in which the statement required by subsection (6) does not appear—
(a)commits an offence, and
(b)is personally liable to the holder of the bill of exchange, promissory note, endorsement, cheque or order for money or goods for the amount of it (unless it is duly paid by the company).
(11) A person guilty of an offence under subsection (8), (9) or (10) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.”.
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