sec.111CLiability of directors for amounts

### sec.111C Liability of directors for amounts This section applies if— a company is convicted of an offence against a provision of this Act; and a penalty for the offence is imposed on the company; and the amount of the penalty is not paid within the time required for its payment. This section also applies if— a penalty is imposed on a company as the outcome of disciplinary action taken against the company; and the disciplinary action takes effect under section 74G ; and the amount of the penalty is not paid within the time required for its payment. This section also applies if a company owes the commission an amount because of a payment made by the commission on a claim under the insurance scheme. If this section applies because of subsection (1) , the liability to pay the penalty attaches to— each individual who was a director of the company when the offence was committed; and each individual who is a director of the company when the penalty is imposed. If this section applies because of subsection (2) , the liability to pay the penalty attaches to— each individual who was a director of the company when the act or omission happened giving rise to the finding of the tribunal; and each individual who is a director of the company when the penalty is imposed. If this section applies because of subsection (3) , the liability to pay the amount attaches to— each individual who was a director of the company when building work the subject of the claim was, or was to have been, carried out; and each individual who was a director of the company when the payment was made by the commission. A liability under subsection (4) , (5) or (6) to pay a penalty or an amount applies regardless of the status of the company, including, for example, that the company is being or has been wound up. If a liability under subsection (4) , (5) or (6) attaches to 2 or more persons, the persons are jointly and severally liable. s 111C ins 1999 No. 43 s 36 amd 2000 No. 10 s 183 sch 1 ; 2003 No. 30 s 169 sch 1 ; 2013 No. 38 s 14 sch 1 ; 2014 No. 57 s 57 (sec.111C-ssec.1) This section applies if— a company is convicted of an offence against a provision of this Act; and a penalty for the offence is imposed on the company; and the amount of the penalty is not paid within the time required for its payment. (sec.111C-ssec.2) This section also applies if— a penalty is imposed on a company as the outcome of disciplinary action taken against the company; and the disciplinary action takes effect under section 74G ; and the amount of the penalty is not paid within the time required for its payment. (sec.111C-ssec.3) This section also applies if a company owes the commission an amount because of a payment made by the commission on a claim under the insurance scheme. (sec.111C-ssec.4) If this section applies because of subsection (1) , the liability to pay the penalty attaches to— each individual who was a director of the company when the offence was committed; and each individual who is a director of the company when the penalty is imposed. (sec.111C-ssec.5) If this section applies because of subsection (2) , the liability to pay the penalty attaches to— each individual who was a director of the company when the act or omission happened giving rise to the finding of the tribunal; and each individual who is a director of the company when the penalty is imposed. (sec.111C-ssec.6) If this section applies because of subsection (3) , the liability to pay the amount attaches to— each individual who was a director of the company when building work the subject of the claim was, or was to have been, carried out; and each individual who was a director of the company when the payment was made by the commission. (sec.111C-ssec.7) A liability under subsection (4) , (5) or (6) to pay a penalty or an amount applies regardless of the status of the company, including, for example, that the company is being or has been wound up. (sec.111C-ssec.8) If a liability under subsection (4) , (5) or (6) attaches to 2 or more persons, the persons are jointly and severally liable. - (a) a company is convicted of an offence against a provision of this Act; and - (b) a penalty for the offence is imposed on the company; and - (c) the amount of the penalty is not paid within the time required for its payment. - (a) a penalty is imposed on a company as the outcome of disciplinary action taken against the company; and - (b) the disciplinary action takes effect under section 74G ; and - (c) the amount of the penalty is not paid within the time required for its payment. - (a) each individual who was a director of the company when the offence was committed; and - (b) each individual who is a director of the company when the penalty is imposed. - (a) each individual who was a director of the company when the act or omission happened giving rise to the finding of the tribunal; and - (b) each individual who is a director of the company when the penalty is imposed. - (a) each individual who was a director of the company when building work the subject of the claim was, or was to have been, carried out; and - (b) each individual who was a director of the company when the payment was made by the commission.