When a company is being wound up, whether by the court or voluntarily, any person, being a past or present officer of the company, commits an offence if he makes any material omission in any statement relating to the company's affairs.
When a company has been ordered to be wound up by the court, or has passed a resolution for voluntary winding up, any such person is deemed to have committed that offence if, prior to the winding up, he has made any material omission in any such statement.
For purposes of this section, "officer" includes a shadow director.
It is a defence for a person charged under this section to prove that he had no intent to defraud.
A person guilty of an offence under this section is liable to imprisonment or a fine, or both.