Companies Act 2014 section 405

Prohibition on acting in relation to audit while disqualification order in force

Section 405 sets out the consequences for a person who acts in relation to an audit while subject to a disqualification order, including the criminal offence committed and the automatic extension of the disqualification period upon conviction.

  • A disqualified person commits a category 2 offence if they become or remain a partner in a statutory audit firm, give audit directions, or work in any capacity on a company audit
  • A person must cease to be a partner in a statutory audit firm within 28 days of the disqualification order being made
  • On conviction, the disqualification period is automatically extended by a further 10 years from the date of conviction, unless the court orders a different period
  • A person convicted of this offence cannot apply to the court for relief from the disqualification order under section 847

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