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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 10 June 2019 - onwards
Version 2 of 2

226E. Payments made without approval: civil consequences

(1) An obligation (however arising) to make a payment which would be in contravention of section 226B or 226C has no effect.

(2) If a payment is made in contravention of section 226B or 226C -

(a) it is held by the recipient on trust for the company or other person making the payment, and

(b) in the case of a payment by a company, any director who authorised the payment is jointly and severally liable to indemnify the company that made the payment for any loss resulting from it.

(3) If a payment for loss of office is made in contravention of section 226C to a director of a quoted company or of an unquoted traded company in connection with the transfer of the whole or any part of the undertaking or property of the company or a subsidiary of the company -

(a) subsection (2) does not apply, and

(b) the payment is held by the recipient on trust for the company whose undertaking or property is or is proposed to be transferred.