01-07-2019

9. Offences and penalties

It is an offence:

to apply when the company is ineligible for striking-off

to provide false or misleading information in, or in support of, an application

not to copy the application to all relevant parties within seven days

not to withdraw application if the company becomes ineligible

The offences attract a potentially unlimited fine on summary conviction (before a magistrates’ court or Sheriff Court) or an unlimited fine on indictment (before a jury).

If the directors breach the requirements to give a copy of the application to relevant parties and do so with the intention of concealing the application, they are also potentially liable to up to seven years imprisonment as well as an unlimited fine.

Anyone convicted of these offences may also be disqualified from being a director for up to 15 years.

Before a prosecution can be considered, as a prosecuting authority the Department for Business, Energy and Industrial Strategy must ensure it complies with the Code for Crown Prosecutors. The Code requires prosecuting authorities to take account of various matters when deciding whether to prosecute. You can find out more in The Code for Crown Prosecutors publication.