Section 557 Offence of failure to make return
United Kingdom
If a company makes default in complying with—
section 555 (return of allotment of shares by limited company), or
section 556 (return of allotment of new class of shares by unlimited company),
an offence is committed by every officer of the company who is in default.
A person guilty of an offence under this section is liable—
on conviction on indictment, to a fine;
on summary conviction, to a fine not exceeding the statutory maximum and, for continued contravention, a daily default fine not exceeding F1one-tenth of the statutory maximumone-tenth of the greater of £5,000 or the amount corresponding to level 4 on the standard scale for summary offences.
In the case of default in delivering to the registrar within one month after the allotment the return required by section 555 or 556—
any person liable for the default may apply to the court for relief, and
the court, if satisfied—
that the omission to deliver the document was accidental or due to inadvertence, or
that it is just and equitable to grant relief,
may make an order extending the time for delivery of the document for such period as the court thinks proper.
Annotations
Textual amendments
- F1
Words in s. 557(2)(b) substituted (E.W.) (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 3 para. 9(15) (with reg. 5(1))
Notes on Part 17
Modifications
- C1
Pts. 1-39 modified (31.12.2020) by Regulation (EC) No. 2157/2001, Art. AAA1(3) (as inserted by The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1298), regs. 1, 97 (with regs. 140-145) (as amended by S.I. 2020/523, regs. 1(2), 5(a)-(f)); 2020 c. 1, Sch. 5 para. 1(1))
- C2
Pts. 1-39 (except for Pt. 7 and ss. 662-669), 45-47 extended (12.5.2011) by The Companies Act 2006 (Consequential Amendments and Transitional Provisions) Order 2011 (S.I. 2011/1265), art. 5(1), Sch. 1 para. 2