Companies Act 2006 overview

2006 c. 46

Part 29— Fraudulent trading

View source

Sections 993

Section 993— Offence of fraudulent trading

  1. 1.

    If any business of a company is carried on with intent to defraud creditors of the company or creditors of any other person, or for any fraudulent purpose, every person who is knowingly a party to the carrying on of the business in that manner commits an offence.

  2. 2.

    This applies whether or not the company has been, or is in the course of being, wound up.

  3. 3.

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

    1. (a)

      on conviction on indictment, to imprisonment for a term not exceeding ten years or a fine (or both);

    2. (b)

      on summary conviction—

      1. (i)

        in England and Wales, to imprisonment for a term not exceeding twelve months or a fine not exceeding the statutory maximum (or both);

      2. (ii)

        in Scotland or Northern Ireland, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum (or both).