Companies Act 2014 section 855

Offence of contravening disqualification order or restriction

Section 855 sets out the criminal offence and consequences that arise when a person who is disqualified or restricted acts in relation to a company in a manner or capacity they are prohibited from doing.

• It is a category 2 offence for a person subject to a disqualification order or a restriction declaration under section 819 to act in relation to a company in any way they are prohibited from doing
• A person convicted of this offence who is not already subject to a disqualification order will automatically be deemed subject to one from the date of conviction; if already disqualified, the disqualification period is extended by a further 10 years (or such other period as the court may order)
• A person convicted under this section cannot apply to the court for relief from the resulting disqualification order under section 847
• Where the conduct would also fall within section 405 (prohibition on acting in relation to audit while disqualified), section 405 applies instead of this section