(1)When a company is being wound up, whether by the court or voluntarily, any person, being a past or present officer of the company, commits an offence if he makes any material omission in any statement relating to the company’s affairs.
(2)When a company has been ordered to be wound up by the court, or has passed a resolution for voluntary winding up, any such person is deemed to have committed that offence if, prior to the winding up, he has made any material omission in any such statement.
(3) For purposes of this section, “officer” includes a shadow director.
(4)It is a defence for a person charged under this section to prove that he had no intent to defraud.
(5)A person guilty of an offence under this section is liable to imprisonment or a fine, or both.
Cases considering section 210 4
[2011] EWCA Crim 728 · 25 March 2011
The court held there was ample evidence of material omissions from statements relating to the company’s affairs. The questionnaire answers failed to reveal vehicles in the company’s possession, associated hire-purchase agreements and guarantees (see paras [29]-[38]).
[2007] EWHC 1118 (QB) · 14 May 2007Limits
Held not to ground the claimant’s private damages claim because the provision creates a criminal offence (see paras [116]-[123]).
[2006] EWHC 2126 (Ch) · 24 July 2006
Cited among the alleged forms of misconduct by directors and others. The court did not determine whether the provision had been breached. (see para [40])
What each judgment says about section 210 is in the case-law panel in the full Act.