Section 369: Liability of directors in case of unauthorised donation or expenditure

Companies Act 2006 · 2006 c. 46View on legislation.gov.uk

Part 14: Control of political donations and expenditure

This section applies where a company has made a political donation or incurred political expenditure without the authorisation required by this Part.

The directors in default are jointly and severally liable—

to make good to the company the amount of the unauthorised donation or expenditure, with interest, and
to compensate the company for any loss or damage sustained by it as a result of the unauthorised donation or expenditure having been made.

The directors in default are—

those who, at the time the unauthorised donation was made or the unauthorised expenditure was incurred, were directors of the company by which the donation was made or the expenditure was incurred, and
where—
that company was a subsidiary of a relevant holding company, and
the directors of the relevant holding company failed to take all reasonable steps to prevent the donation being made or the expenditure being incurred,

the directors of the relevant holding company.

For the purposes of subsection (3)(b) a "relevant holding company" means a company that, at the time the donation was made or the expenditure was incurred—

was a holding company of the company by which the donation was made or the expenditure was incurred,
was a UK-registered company, and
was not a subsidiary of another UK-registered company.

Where only part of a donation or expenditure was unauthorised, this section applies only to so much of it as was unauthorised.

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.