Companies Act 1993

377 False statements

• (1) Every person who, with respect to a document required by or for the purposes of this Act,—

  • (a) makes, or authorises the making of, a statement in it that is false or misleading in a material particular knowing it to be false or misleading; or

  • (b) omits, or authorises the omission from it of, any matter knowing that the omission makes the document false or misleading in a material particular—

  commits an offence, and is liable on conviction to the penalties set out in section 373(4).

  (2) Every director or employee of a company who makes or furnishes, or authorises or permits the making or furnishing of, a statement or report that relates to the affairs of the company and that is false or misleading in a material particular, to—

  • (a) a director, employee, auditor, shareholder, debenture holder, or trustee for debenture holders of the company; or

  • (b) a liquidator, liquidation committee, or receiver or manager of property of the company; or

  • (c) if the company is a subsidiary, a director, employee, or auditor of its holding company; or

  • (d) a stock exchange or an officer of a stock exchange,—

  knowing it to be false or misleading, commits an offence, and is liable on conviction to the penalties set out in section 373(4).

  (3) For the purposes of this section, a person who voted in favour of the making of a statement at a meeting is deemed to have authorised the making of the statement.

  Compare: 1955 No 63 s 461; 1980 No 43 s 47