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Companies Act Offences

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Why Taylor Law?

The Companies Act 2006 imposes a range of duties, rules and obligations on directors. Breach of these is an offence and can result in fines, disqualification from acting a company director and, in the most serious cases, a prison sentence.
Wrongdoing under the Companies Act can range from fairly minor administrative offences through to fraud. If you are notified that you or your company are to be investigated, it is recommended that you seek legal representation straight away.

Expert legal advice and representation

At Taylor Law we have experience of acting for company directors across a range of sectors. We understand the importance of keeping businesses running smoothly and if your affairs are being investigated, we can step in to ensure that your rights and interests are protected.
We will advise you throughout the investigation and before any interview by the authorities. We can also give you guidance in respect of regulatory compliance, including in respect of directors’ duties and company documentation and record-keeping.
If it is alleged that an offence has been committed by you or your company, we will work on your behalf to put together a strong defence and wherever possible halt the investigation. Where necessary, we can negotiate with the authorities to conclude matters as quickly as possible.
In the event that proceedings against you go ahead, we will represent you robustly throughout. We offer an excellent service and will work proactively to move matters to an early resolution. We will keep you updated as to progress and ensure that we are always available to speak to you to answer any questions you may have.

Who has the power to investigate a company under the Companies Act 2006?

A substantial number of agencies and authorities have the power to commence a company investigation, including the Serious Fraud Office, the National Crime Agency, HM Revenue & Customs, the Insolvency Service, the police and the Crown Prosecution Service.

Breach of directors’ duties and Companies Act provisions

Main offences under the Companies Act include the following:

  •  Fraudulent trading
  • False accounting
  • Offences related to company record keeping and filing
  • Promoting, forming, managing or dealing with the liquidation of a company when disqualified as a director
  • Provision of false information to an auditor
  • Unlawful acquisition of a limited company’s own shares
  • Insider dealing

The Companies Act contains a large range of offences, both major and minor, and lesser wrongdoing can sometimes occur inadvertently.
We can work with you to assess exactly what has happened and advise you in respect of the best way forward in the event that you are being investigated.
If you are found guilty, penalties range from fines, personal liability for loss, confiscation of assets, disqualification from acting as a director and, in the most serious cases, imprisonment.

Contact us

Investigations into your company can be complex and damaging. At Taylor Law we will intervene early to minimise damage and disruption and ensure that your rights are safeguarded.
We have an excellent track record of success in working with clients in respect of investigations into companies and directors, with expert civil and criminal defence solicitors in Leeds, Middlesbrough and London who can step in immediately to advise and represent you.

For an initial discussion, ring us on 0113 532 8100 (Leeds), 01642 221 108 (Middlesbrough) or 0203 780 7646 (London) or fill in our Contact Form.

“Scott is the consummate professional, honest and trustworthy with all the right contacts. Successfully represented me in my Employment proceedings, can’t fault the man, he’s a credit to himself and the legal fraternity.”

 

Mr B

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