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Part VI Public Interest and Insolvency Proceedings, 30 The Regulatory Liability of Directors

Austin Stoton

From: Company Directors: Duties, Liabilities, and Remedies (4th Edition)

Edited By: Mark Arnold KC, Simon Mortimore KC

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 14 July 2024

Regulatory liability of lenders — Approved person — Conduct of business regulation — Regulated persons

This chapter tackles the regulatory liability of directors. Regulatory legislation imposes obligations in respect of areas like health and safety at work, fire safety, and trade. Moreover, the regulatory legislation imposes liability and criminal liability for breaching the aforementioned regulations. Directors’ behaviour may be attributed to the company for the purposes of establishing primary criminal liability on its part. The chapter considers circumstances in which directors may themselves be guilty and liable on a secondary basis personally in the regulatory context. It discusses the secondary liability of company directors and managers in correlation with its basis, proof, consent, connivance, neglect, and penalty.

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