DJ Murphy Solicitors act for and advise company Directors facing prosecution for the late filing of accounts and other documents.
There is a “statutory” defence, that the Directors “took all reasonable steps” to comply with the legal requirements, but in many cases it is not available to a Director because the facts as shown may not be considered an acceptable reason by the Court.
The offence applies to all Directors who were in post during the period when the relevant accounts ought to have been filed.
Each case will turn on its particular facts. How those facts are presented is vital.
Another issue is that the usual “presumption of innocence” may not apply to these prosecutions.
With appropriate advice, Companies House may be persuaded to reconsider the charge, and to withdraw the prosecution. So, it is essential to take early professional advice.
If you are facing prosecution, then call us on 029 2022 1300 now to arrange a consultation.