Companies Act 2014 section 715

Application of certain provisions of Chapter and construction of certain references to company, relevant person, etc.

Section 715 clarifies that the offence provisions in sections 716 to 720 apply to all types of winding up, and defines who is meant by the terms "company" and "relevant person" in those sections.

• Sections 716 to 720 (dealing with offences by officers during liquidation) apply regardless of which mode of winding up is used — whether voluntary or court-ordered.
• These sections apply even if the winding up commenced after the act or omission that gives rise to the offence.
• Any reference to "the company" in sections 716 to 720 means the company that is being wound up or has been wound up.
• A "relevant person" means someone who was an officer of the company at the time the act or omission occurred, and "officer" extends to any person whose directions or instructions the directors were accustomed to follow (sometimes known as a shadow director).