Companies Act 2014 section 716

Offence for failure to make disclosure, or deliver certain things, to liquidator

Section 716 creates a criminal offence where a relevant person fails to fully disclose company property information to a liquidator or fails to hand over company property and records when required to do so.

  • A relevant person must fully and truthfully disclose all company property and details of any non-routine disposals of that property when requested by the liquidator.
  • Failure to deliver up company property in a person's custody or control, which they are legally required to hand over, is a category 2 offence.
  • Failure to deliver up company books and papers in a person's custody or control, which they are legally required to surrender, is also a category 2 offence.
  • Certain defences are available under section 720, which qualifies the obligations set out in this section.

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