SCHEDULES

SCHEDULE 3Amendments of remaining provisions of the Companies Act 1985 relating to offences

Attempted evasion of restrictions under Part 15

I17

1

In subsection (1) of section 455 of the Companies Act 1985 (attempted evasion of restrictions under Part 15) for “is liable to a fine if he” substitute “ commits an offence if he ”.

2

In subsection (2) of that section for the words “the company” to the end substitute

an offence is committed by—

a

the company, and

b

every officer of the company who is in default.

3

After that subsection insert—

2A

A person guilty of an offence under this section is liable—

a

on conviction on indictment, to a fine;

b

on summary conviction, to a fine not exceeding the statutory maximum.