(a) a copy of the qualifying indemnity provision, or
(b) if the provision is not in writing, a written memorandum setting out its terms.
(3) The copy or memorandum must be kept available for inspection at
(a) the companys registered office, or
(b) a place specified in regulations under section 1136.
(4) The copy or memorandum must be retained by the company for at least one year from the date of termination or expiry of the provision and
must be kept available for inspection during that time.
(5) The company must give notice to the registrar
(a) of the place at which the copy or memorandum is kept available for inspection, and
(b) of any change in that place,
unless it has at all times been kept at the companys registered office.
(6) If default is made in complying with subsection (2), (3) or (4), or default is made for 14 days in complying with subsection (5), an
offence is committed by every officer of the Company who is in default.
(7) A person guilty of an offence under this section is liable on
summary conviction to a fine not exceeding level 3 on the standard scale and, for continued contravention, a daily default fine not exceeding one-tenth of level 3 on the standard scale.
(8) The provisions of this section apply to a variation of a qualifying indemnity provision as they apply to the original provision.
(9) In this section qualifying indemnity provision means
(a) qualifying third party indemnity provision, and
(b) qualifying pension scheme indemnity provision.
Section 238 (Right of member to inspect and request copy) of the 2006 Act provides:
(1) Every copy or memorandum required to be kept by a company under section 237 must be open to inspection by any member of the company without
charge.
(2) Any member of the company is entitled, on request and on payment of such fee as may be prescribed, to be provided with a copy
of any such copy or memorandum.
The copy must be provided within seven days after the request is received by the company.
(3) If an inspection required under subsection (1) is refused, or default is made in complying with subsection (2), an offence is
committed by every officer of the company who is in default.
(4) A person guilty of an offence under this section is liable on summary
conviction to a fine not exceeding level 3 on the standard scale and, for continued contravention, a daily default fine not exceeding one-tenth of level 3 on the standard scale.
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