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Legislation
Companies Act 2006

Crossheading Duties and rights of auditors

  • Section 498 Duties of auditor
  • Section 498A Auditor's duties in relation to separate corporate governance statement
  • Section 499 Auditor's general right to information
  • Section 500 Auditor's right to information from overseas subsidiaries
  • Section 501 Auditor's rights to information: offences
  • Section 502 Auditor's rights in relation to resolutions and meetings
  1. Duties and rights of auditors
  2. Auditor's rights to information: offences

Section 501 | Auditor's rights to information: offences

From legislation.gov.uk

(1)A person commits an offence who knowingly or recklessly makes to an auditor of a company a statement (oral or written) that—

(a)conveys or purports to convey any information or explanations which the auditor requires, or is entitled to require, under section 499, and

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

(2)A person guilty of an offence under subsection (1) 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).

(3)A person who fails to comply with a requirement under section 499 without delay commits an offence unless it was not reasonably practicable for him to provide the required information or explanations.

(4)If a parent company fails to comply with section 500, an offence is committed by—

(a)the company, and

(b)every officer of the company who is in default.

(5)A person guilty of an offence under subsection (3) or (4) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(6)Nothing in this section affects any right of an auditor to apply for an injunction (in Scotland, an interdict or an order for specific performance) to enforce any of his rights under section 499 or 500.

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