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Bill sets up regulatory bodies to decriminalise corporate law

Publish date: 27 February 2007
Issue Number: 1774
Diary: Legalbrief Today
Category: Labour

The new Companies Bill proposes the establishment of a commission to enforce compliance once the Bill is enacted, notes Business Report.

It says this proposal will give stakeholders a more powerful right of recourse than currently exists in company law. The creation of a commission is in line with a policy document issued in May 2004 ahead of the drafting of the Bill, which recommended that company law should largely be decriminalised. According to a summary of the Bill by auditing firm Deloitte, it generally uses a system of administrative enforcement to ensure compliance. According to Deloitte, the Bill sets out detailed rules pertaining to compliance notices and the potential consequences for non-compliance with such notices. Although much of company law will be decriminalised certain actions will still result in a criminal offence, such as refusal to respond to a summons, declining to give evidence, or perjury. Full report in Business Report Draft Companies Bill

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