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Legislation
Companies Act 2006

Chapter 2 Accounting records

  • Section 386 Duty to keep accounting records
  • Section 387 Duty to keep accounting records: offence
  • Section 388 Where and for how long records to be kept
  • Section 389 Where and for how long records to be kept: offences
  1. Chapter 2 · Accounting records
  2. Duty to keep accounting records: offence

Section 387 | Duty to keep accounting records: offence

From legislation.gov.uk

(1)If a company fails to comply with any provision of section 386 (duty to keep accounting records), an offence is committed by every officer of the company who is in default.

(2)It is a defence for a person charged with such an offence to show that he acted honestly and that in the circumstances in which the company's business was carried on the default was excusable.

(3)A person guilty of an offence under this section 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).

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