Part 36Offences under the Companies Acts

Liability of officer in default

1123Application to bodies other than companies

1

Section 1121 (liability of officers in default) applies to a body other than a company as it applies to a company.

2

As it applies in relation to a body corporate other than a company—

a

the reference to a director of the company shall be read as referring—

i

where the body’s affairs are managed by its members, to a member of the body,

ii

in any other case, to any corresponding officer of the body, and

b

the reference to a manager or secretary of the company shall be read as referring to any manager, secretary or similar officer of the body.

3

As it applies in relation to a partnership—

a

the reference to a director of the company shall be read as referring to a member of the partnership, and

b

the reference to a manager or secretary of the company shall be read as referring to any manager, secretary or similar officer of the partnership.

4

As it applies in relation to an unincorporated body other than a partnership—

a

the reference to a director of the company shall be read as referring—

i

where the body’s affairs are managed by its members, to a member of the body,

ii

in any other case, to a member of the governing body, and

b

the reference to a manager or secretary of the company shall be read as referring to any manager, secretary or similar officer of the body.