Document ID: chunk:federal_register_of_legislation:C2004A03231:body:0:p41
Version: federal_register_of_legislation:C2004A03231
Segment Type: other
Provision Reference: 
Character Range: 102181–104910

(b) the following paragraph:
         "(ba) in the case of a loan made to, or a guarantee given or security provided in relation to a loan made to, a trustee of a trust under which a corporation (in this paragraph referred to as the 'relevant corporation') has a beneficial interest in circumstances referred to in sub-paragraph (1) (a) (iiia)— any director of the company, or of a corporation that is related to the company, by virtue of whose relevant interest or relevant interests in shares in the relevant corporation the making of the loan, the giving of the guarantee or the provision of the security contravened this section, and any other officers of that company or of the relevant corporation

             who are in default, are each guilty of an offence and, in addition, are jointly and severally liable to indemnify the company against any loss arising from the making of the loan, the giving of the guarantee or the providing of the security, as the case may be; or";
     (g) by omitting from paragraph (5) (c) "beneficial interest" and substituting "relevant interest or relevant interests"; and
     (h) by omitting from paragraphs (8) (a) and (b) "the loan was made" and substituting "the guarantee was given or the security was provided".

General duty to make disclosure
68. Section 232 of the Principal Act is amended—
     (a) by omitting paragraph (1) (e) and substituting the following paragraph:
         "(e) of the date and place of the director's birth."; and
     (b) by inserting after sub-section (4) the following sub-sections:
    "(4a) A person who is the principal executive officer, or a secretary, of a company shall give notice in writing to the company—
         (a) of such matters and events affecting or relating to the person as are necessary for the purposes of compliance by the company with any of the provisions of section 238 that are applicable in relation to the person; and
         (b) of the date and place of the person's birth.
    "(4b) A person required to give a notice under sub-section (4a) shall give the notice—
         (a) in the case of a notice under paragraph (4a) (a)—within 14 days after the person becomes aware of the matter or the occurrence of the event; and
         (b) in the case of a notice under paragraph (4a) (b)—within 14 days after the day on which the person becomes the principal executive officer, or a secretary, as the case may be, of the company.
    "(4c) Sub-section (1), as in force after the commencement of section 68 of the Companies and Securities Legislation (Miscellaneous Amendments) Act 1985, and sub-sections (4a) and (4b) of this section apply in relation to a director, principal executive officer or secretary of a company