Failure to file accounts and reports
451Default in filing accounts and reports: offences
(1)If the requirements of section 441 (duty to file accounts and reports) are not complied with in relation to a company’s accounts and reports for a financial year before the end of the period for filing those accounts and reports, every person who immediately before the end of that period was a director of the company commits an offence.
(2)It is a defence for a person charged with such an offence to prove that he took all reasonable steps for securing that those requirements would be complied with before the end of that period.
(3)It is not a defence to prove that the documents in question were not in fact prepared as required by this Part.
(4)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale and, for continued contravention, a daily default fine not exceeding one-tenth of level 5 on the standard scale.
452Default in filing accounts and reports: court order
(1)If—
(a)the requirements of section 441 (duty to file accounts and reports) are not complied with in relation to a company’s accounts and reports for a financial year before the end of the period for filing those accounts and reports, and
(b)the directors of the company fail to make good the default within 14 days after the service of a notice on them requiring compliance,
the court may, on the application of any member or creditor of the company or of the registrar, make an order directing the directors (or any of them) to make good the default within such time as may be specified in the order.
(2)The court’s order may provide that all costs (in Scotland, expenses) of and incidental to the application are to be borne by the directors.
453Civil penalty for failure to file accounts and reports
(1)Where the requirements of section 441 are not complied with in relation to a company’s accounts and reports for a financial year before the end of the period for filing those accounts and reports, the company is liable to a civil penalty.
This is in addition to any liability of the directors under section 451.
(2)The amount of the penalty shall be determined in accordance with regulations made by the Secretary of State by reference to—
(a)the length of the period between the end of the period for filing the accounts and reports in question and the day on which the requirements are complied with, and
(b)whether the company is a private or public company.
(3)The penalty may be recovered by the registrar and is to be paid into the Consolidated Fund.
(4)It is not a defence in proceedings under this section to prove that the documents in question were not in fact prepared as required by this Part.
(5)Regulations under this section having the effect of increasing the penalty payable in any case are subject to affirmative resolution procedure.
Otherwise, the regulations are subject to negative resolution procedure.