167NProhibition on acting unless directorship notified

1

This section applies where—

a

a person has become a director of a company otherwise than on its incorporation, and

b

notice under section 167G of the person having done so has not been given within the period mentioned in subsection (6) of that section.

2

The person may not act as a director of the company until notice is given under section 167G.

3

A person who contravenes subsection (2) commits an offence.

4

Where the offence is committed by a firm, every officer of the firm who is in default also commits the offence.

5

It is a defence for a person charged with an offence under this section to prove that they reasonably believed that notice had been given under section 167G.

6

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.

7

The only consequence of a contravention of subsection (2) is the offence provided for by this section (so that, for example, a contravention does not in any way affect the validity of a person’s acts as a director).