Companies Act 2014 section 234

Anticipated claim: similar power of relief as under section 233

Section 234 allows a company officer who anticipates a potential claim for negligence, default, breach of duty or breach of trust to apply to the court in advance for relief from liability.

  • A company officer who has reason to believe a claim may be made against them for negligence, default, breach of duty or breach of trust may apply to the court before any proceedings are brought.
  • The application seeks relief from liability in respect of the anticipated wrong.
  • The court has the same power to grant relief as it would have under section 233 if actual proceedings had already been brought against the officer.
  • This provision means an officer does not have to wait until they are sued before seeking the court's protection.

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