|
|
Repeal and substitution of section 383 of Act of 1963.
|
100.—Section 383 of the Act of 1963 is repealed and the following substituted:
|
|
| |
“383.—(1) For the purpose of any provision of the Companies Acts which provides that an officer of a company who is in default shall be liable to a fine or penalty, an officer who is in default is any officer who authorises or who, in breach of his duty as such officer, permits, the default mentioned in the provision.
|
|
| |
(2) For the purposes of this section, an officer shall be presumed to have permitted a default by the company unless the officer can establish that he took all reasonable steps to prevent it or that, by reason of circumstances beyond his control, was unable to do so.
|
|
| |
(3) It is the duty of each director and secretary of a company to ensure that the requirements of the Companies Acts are complied with by the company.
|
|
| |
(4) In this section ‘default’ includes a refusal or contravention.”.
|
