Directors: duties relating to ID verification and notification

167MProhibition on director acting unless ID verified

1

An individual must not act as a director of a company unless the individual’s identity is verified (see section 1110A).

2

A company must ensure that an individual does not act as a director unless the individual’s identity is verified (see section 1110A).

3

A person who contravenes subsection (1) commits an offence.

4

If a company contravenes subsection (2) an offence is committed by—

a

the company, and

b

every officer of the company who is in default.

For this purpose a shadow director is treated as an officer of the company.

5

A person guilty of an offence under this section is liable on summary conviction—

a

in England and Wales, to a fine;

b

in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale and, for continued contravention, a daily default fine not exceeding one-tenth of level 5 on the standard scale.

6

The only consequences of contravening subsections (1) and (2) are the offences provided for by this section (so that, for example, a contravention does not in any way affect the validity of an individual’s acts as a director).