Section 38(4)

In Article 19 (personal liability for company’s debts where person acts while disqualified)— in paragraph (1)(a), after “Article 15” insert “, 15A”; omit the “or” at the end of paragraph (1)(a); after paragraph (1)(b) insert , or as a person who is involved in the management of the company, they act or are willing to act on instructions where— (but see paragraph (3A)). the instructions are given by a person whom they know at that time to be subject to director disqualification sanctions (within the meaning of Article 15A), the giving of the instructions does not fall within any exception from Article 15A(1) created by virtue of section 15(3A) of the Sanctions and Anti-Money Laundering Act 2018, and the instructions are not authorised, in paragraph (3)(b), after “(1)(b)” insert “or (c)”; after paragraph (3) insert— But— a person who is subject to director disqualification sanctions (within the meaning of Article 15A) is not personally responsible under paragraph (1)(a) for any relevant debts of the company incurred at a time when the person did not know and could not reasonably have been expected to know that they were subject to director disqualification sanctions; a person is not personally responsible under paragraph (1)(c) for any relevant debts of the company incurred at a time when the person reasonably believed that the instructions were authorised. in paragraph (5), in the closing words, after “given” insert “by”; after paragraph (5) insert— Paragraph (7) applies where a person (“P”) at any time— unless P reasonably believed at that time that the instructions were authorised. was involved in the management of a company, and acted on instructions where— the instructions were given by a person (“D”) whom P knew at that time to be subject to director disqualification sanctions (within the meaning of Article 15A), the giving of the instructions did not fall within any exception from Article 15A(1) created by virtue of section 15(3A) of the Sanctions and Anti-Money Laundering Act 2018, and the instructions were not authorised, For the purposes of this Article P is presumed, unless the contrary is shown, to have been willing at any time thereafter to act on any instructions given by D. For the purposes of this Article instructions are “authorised” if they are given under the authority of a licence issued by virtue of section 15(3A) of the Sanctions and Anti-Money Laundering Act 2018.

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Source: legislation.gov.uk · retrieved 2026-09-04