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Legislation
Companies Act 2006

Crossheading Independent report on poll

  • Section 342 Members' power to require independent report on poll
  • Section 343 Appointment of independent assessor
  • Section 344 Independence requirement
  • Section 345 Meaning of “associate”
  • Section 346 Effect of appointment of a partnership
  • Section 347 The independent assessor's report
  • Section 348 Rights of independent assessor: right to attend meeting etc
  • Section 349 Rights of independent assessor: right to information
  • Section 350 Offences relating to provision of information
  • Section 351 Information to be made available on website
  1. Independent report on poll
  2. Offences relating to provision of information

Section 350 | Offences relating to provision of information

From legislation.gov.uk

(1)A person who fails to comply with a requirement under section 349 without delay commits an offence unless it was not reasonably practicable for him to provide the required information or explanation.

(2)A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3)A person commits an offence who knowingly or recklessly makes to an independent assessor a statement (oral or written) that—

(a)conveys or purports to convey any information or explanations which the independent assessor requires, or is entitled to require, under section 349, and

(b)is misleading, false or deceptive in a material particular.

(4)A person guilty of an offence under subsection (3) is liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both);

(b)on summary conviction—

(i)in England and Wales, to imprisonment for a term not exceeding twelve months or to a fine not exceeding the statutory maximum (or both);

(ii)in Scotland or Northern Ireland, to imprisonment for a term not exceeding six months, or to a fine not exceeding the statutory maximum (or both).

(5)Nothing in this section affects any right of an independent assessor to apply for an injunction (in Scotland, an interdict or an order for specific performance) to enforce any of his rights under section 348 or 349.

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