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Section 790LJ Persons with significant control: offence of failure to notifyF1F2C1C2

(1)

If a company fails, without reasonable excuse, to comply with section 790LA, 790LC, 790LD, 790LE, 790LF, 790LG or 790LH, or regulations under section 790LI, an offence is committed by—

(a)

the company, and

(b)

every officer of the company who is in default.

(2)

For this purpose a shadow director is treated as an officer of the company.

(3)

A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale and, for continued contravention, a daily default fine not exceeding one-tenth of level 3 on the standard scale.

Annotations

Textual amendments

F1

Pt. 21A inserted (26.5.2015 for specified purposes, 6.4.2016 except for the insertion of ss. 790M(9)(c), 790W-790ZE and 30.6.2016 so far as not already in force) by Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 3 para. 1; S.I. 2015/1329, reg. 3(a); S.I. 2015/2029, regs. 4(a), 5(a)

F2

Pt. 21A Ch. 2A inserted (26.10.2023 for specified purposes, 4.3.2024 for the insertion of s. 790LD for specified purposes, 18.11.2025 in force in so far as not already in force, except for the insertion of s. 790LB(2)(3) and s. 790LB(4) for specified purposes) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(1)(2)(b), Sch. 2 para. 18; S.I. 2024/269, reg. 2(z10); S.I. 2025/1118, reg. 2(1)(i)(4) (with reg. 7)

Modifications

C1

Ss. 790LJ-790LT applied (with modifications) (18.11.2025) by S.I. 2009/2436, Sch. 1 para. 12B (as substituted by The Companies Authorised to Register, Unregistered Companies and Overseas Companies (Application of Company Law) Regulations 2025 (S.I. 2025/761), regs. 1(4), 3(6) (with regs. 5, 6))

C2

Ss. 790LJ-790LL applied (with modifications) (18.11.2025) by S.I. 2009/1804, reg. 31DA (as inserted by The Limited Liability Partnerships (Application and Modification of Company Law) Regulations 2025 (S.I. 2025/1033), regs. 1(3)(c), 8(6) (with regs. 12-16); S.I. 2025/1118, reg. 2(1)(i))

Notes on Part 21A

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))