Section 8P Failure to comply with obligations relating to officersF1

United Kingdom

(1)

If a general partner fails to comply with section 8K, 8M, 8N or 8O an offence is committed by—

(a)

the general partner, and

(b)

if the general partner is a legal entity, any of its managing officers who is in default.

(2)

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

(a)

in England and Wales, to a fine;

(b)

in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale and, for continued contravention, a daily default fine not exceeding one-tenth of level 5 on the standard scale.

(3)

A managing officer is “in default” for the purposes of this section if they authorise or permit, participate in, or fail to take all reasonable steps to prevent, the contravention.

(4)

But a corporate managing officer does not commit an offence as a managing officer in default unless one of its managing officers is in default.

(5)

Where any such offence is committed by a corporate managing officer the managing officer in question also commits the offence (subject to subsection (4)).

Annotations

Textual amendments

F1: Ss. 8K-8Q and cross-heading inserted (26.10.2023 but only so far as it confers a power to make regulations or relates to the exercise of the power, otherwise prosp.) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 119(4), 219(1)(2)(b)