Commentary Part 18: Acquisition by Limited Company of Its Own Shares Chapter 5: Redemption Or Purchase by Private Company Out of Capital Section 715: Directors’ statement: offence if no reasonable grounds for opinion
1023.This section restates section 173(6) of the 1985 Act and Schedule 24 to that Act (but substitutes the reference to “declaration” with “statement”). The offence that is currently contained in subsection (6) of section 173 (offence of making declaration without reasonable grounds) is replaced with an offence of making a statement under section 714 without having reasonable grounds for the opinion expressed in it. As now, the offence is committed by every director of the company who is in default.