UKCA [1988] QB 645
R v Kemp
Type
Case
Court
UK Court of Appeal - Criminal Division
Jurisdiction
Dubai International Financial Centre
Taxonomy
Companies & Corporate Bodies, Corporate Liability, Fraud, Financial & Business Offences
Decision date
8 Feb 1988
Catchwords
Companies – Companies Regulated by the Companies Act 1985 – Powers and Liabilities of Companies – Crimes and Offences – Fraudulent Trading – Liability of Persons Who Were Knowingly Parties to Carrying on the Business for a Fraudulent Purpose
This case relates to Article 112 of DIFC Law No. 1/2019.
Under the Companies Act 1948 s 332(1), if it appears that any business of the company has been carried on with intent to defraud creditors of the company or of any other person or for any fraudulent purpose, the court may declare that any persons who were knowingly parties to the carrying on of the business in such manner are to be personally responsible. Where any business is carried on with such intent or for such purpose, every person who was knowingly a party to the carrying on of the business in such manner, is liable to imprisonment or to a fine or to both: s 332(3).