Companies Act 2006 Explanatory Notes

Section 1157: Power of court to grant relief in certain cases

1481.Under this section, which restates section 727 of the 1985 Act without substantive amendment, an officer of a company (such as a director) or a person employed by a company as auditor may apply to the court for relief from liability for negligence, default, breach of duty or breach of trust. A court may grant relief if it appears to the court that:

  • the director (or other officer or auditor) has acted honestly and reasonably; and

  • having regard to all the circumstances, he ought fairly to be excused.

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