871. Copy of application to be given to new members, employees, etc
Past version: effective from 29/04/2020 - 28/04/2020
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(1) This section applies in relation to any time after the day on which a company makes an application under section 867 (application for voluntary striking off) and before the day on which the application is finally dealt with or withdrawn.
(2) A person who is a director of the company at the end of a day on which a person (other than himself) becomes–
(a) a member of the company,
(b) an employee of the company,
(c) a creditor of the company,
(d) a director of the company,
(e) a manager or trustee of any pension fund established for the benefit of employees of the company, or
(f) a person of a description specified for the purposes of this paragraph by rules made the Board by resolution,
must ensure that a copy of the application is given to that person within seven days from that day.
(3) The duty imposed by this section ceases to apply if the application is finally dealt with or withdrawn before the end of the period for giving the copy application.
(4) A person who fails to perform the duty imposed on him by this section commits a contravention of these Regulations.
If he does so with the intention of concealing the making of the application from the person concerned, he commits an aggravated contravention.
(5) It is a defence to such a contravention for the person who committed the contravention to prove-
(a) that at the time of the failure he was not aware of the fact that the company had made an application under section 867, or
(b) that he took all reasonable steps to perform the duty.
(6) A person who commits a contravention of this section shall be liable to a fine of up to level 7.