Companies Act 1993

If you need more information about this Act, please contact the administering agency: Ministry of Business, Innovation, and Employment
  • Warning: Some amendments have not yet been incorporated
  • Section 405(7) and Schedule 15 Part 1 paragraphs (h), (p), and (q): editorial changes made, on 19 January 2023, under sections 86(1) and 87(l)(i), (ii), (iii), and (iv) of the Legislation Act 2019 (2019 No 58).
285 Meaning of failure to comply

(1)

In section 286, failure to comply means a person’s failure to comply with an enactment, a rule of law, or a court order to the extent that the enactment, rule, or order applies to the person in the person’s capacity as a liquidator.

(2)

In proceedings under section 286,—

(a)

a finding of any fact made in proceedings before the District Court or High Court for an offence under this Act or any other enactment that there was a failure to comply is prima facie evidence of that fact:

(b)

a finding described in paragraph (a) may be proved by production of a document under the seal of the court in which the finding was made.

Compare: 1986 No 121 s 46

Section 285: replaced, on 1 September 2020, by section 51 of the Insolvency Practitioners Regulation (Amendments) Act 2019 (2019 No 28).