COMPANIES ACT (NORTHERN IRELAND) 1960

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COMPANIES ACT (NORTHERN IRELAND) 1960 - SECT 294



294.(1) Subject to sub-section (2), if any person, being a past or present
officer of a company which at the time of the commission of the alleged
offence is being wound up, whether by or under the supervision of the court or
voluntarily, or is subsequently ordered to be wound up by the court or
subsequently passes a resolution for voluntary winding up

(a)does not to the best of his knowledge and belief fully and truly discover
to the liquidator all the property, real and personal, of the company, and how
and to whom and for what consideration and when the company disposed of any
part thereof, except such part as has been disposed of in the ordinary way of
the business of the company; or

(b)does not deliver up to the liquidator, or as he directs, all such part of
the real and personal property of the company as is in his custody or under
his control, and which he is required by law to deliver up; or

(c)does not deliver up to the liquidator, or as he directs, all books and
papers in his custody or under his control belonging to the company and which
he is required by law to deliver up; or

(d)within twelve months next before the commencement of the winding up or at
any time thereafter conceals any part of the property of the company to the
value of [#120] or upwards, or conceals any debt due to or from the company;
or

(e)within twelve months next before the commencement of the winding up or at
any time thereafter fraudulently removes any part of the property of
the company to the value of [#120] or upwards; or

(f)makes any material omission in any statement relating to the affairs of
the company; or

(g)knowing or believing that a false debt has been proved by any person under
the winding up, fails for the period of a month to inform the liquidator
thereof; or

(h)after the commencement of the winding up prevents the production of any
book or paper affecting or relating to the property or affairs of the company;
or

(i)within twelve months next before the commencement of the winding up or at
any time thereafter, conceals, destroys, mutilates or falsifies, or is privy
to the concealment, destruction, mutilation or falsification of, any
book or paper affecting or relating to the property or affairs of the company;
or

(j)within twelve months next before the commencement of the winding up or at
any time thereafter makes or is privy to the making of any false entry in any
book or paper affecting or relating to the property or affairs of the company;
or

(k)within twelve months next before the commencement of the winding up or at
any time thereafter fraudulently parts with, alters or makes any omission in,
or is privy to the fraudulent parting with, altering or making any omission
in, any document affecting or relating to the property or affairs of
the company; or

(l)after the commencement of the winding up or at any meeting of the creditors
of the company within twelve months next before the commencement of the
winding up attempts to account for any part of the property of the company by
fictitious losses or expenses; or

Paras.(m) (n) rep. by 1969 c.16 (NI) s.31(2) sch.3 Pt.I

(o)within twelve months next before the commencement of the winding up or at
any time thereafter pawns, pledges or disposes of any property of the company
which has been obtained on credit and has not been paid for, unless such
pawning, pledging, or disposing is in the ordinary way of business of
the company; or

(p)is guilty of any false representation or other fraud for the purpose of
obtaining the consent of the creditors of the company or any of them to an
agreement with reference to the affairs of the company or to the winding up;

(2) It shall be a good defence to a charge under any of paragraphs (a), (b),
(c), (d), (f), (n) and (o) of sub-section (1), if the accused proves that he
had no intent to defraud, and to a charge under any of paragraphs (h), (i) and
(j) of sub-section (1), if he proves that he had no intent to conceal the
state of affairs of the company or to defeat the law.

(3) Where any person pawns, pledges or disposes of any property in
circumstances which amount to a misdemeanour under paragraph (o) of
sub-section (1), every person who takes in pawn or pledge or otherwise
receives the property knowing it to be pawned, pledged or disposed of in such
circumstances as aforesaid shall be guilty of a misdemeanour, and on
conviction thereof liable to be punished in the same way as if he had [been
convicted of handling stolen goods.]

(4) For the purposes of this section, "officer" shall include any person in
accordance with whose directions or instructions the directors of a company
have been accustomed to act.

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Northern Irish Legislation

COMPANIES ACT (NORTHERN IRELAND) 1960 - SECT 294