PART 3

Initial stages of sequestration, statutory meeting and trustee vote

Statutory meeting

Offences in relation to submission of claims for voting purposes
47
1
Subsections (2) and (3) apply where C produces under section 46—
a
a statement of claim,
b
account,
c
voucher, or
d
other evidence,
which is false.
2
C commits an offence unless C shows that C neither knew nor had reason to believe that the statement of claim, account, voucher or other evidence was false.
3
The debtor commits an offence if the debtor—
a
knew, or became aware, that the statement of claim, account, voucher or other evidence was false, and
b
failed, as soon as practicable after acquiring such knowledge, to report to the trustee that the statement of claim, account, voucher or other evidence was false.
4
A person who commits an offence under subsection (2) or (3) is liable—
a
on summary conviction, to a fine not exceeding the statutory maximum, or—
i
in a case where the person has previously been convicted of an offence inferring dishonest appropriation of property or an attempt at dishonest appropriation of property, to imprisonment for a term not exceeding 6 months, or
ii
in any other case, to imprisonment for a term not exceeding 3 months,
or both to a fine not exceeding the statutory maximum and to such imprisonment as is mentioned, in relation to the case in question, in sub-paragraph (i) or (ii), or
b
on conviction on indictment, to a fine, to imprisonment for a term not exceeding 2 years or both to a fine and to such imprisonment.
S. 47 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2