UK Act of Parliament 2004 United Kingdom

CAICEA 2004

An Act to amend the law relating to company auditors and accounts, to the provision that may be made in respect of certain liabilities incurred by a company’s officers, and to company investigations; to make provision for community interest companies; and for connected purposes.

Read the Act on legislation.gov.uk (opens in a new tab)
Status
Amended (in force with amendments)
Penalty ceiling
Imprisonment 7 of 48 obligations carry an unlimited fine. 7 carry different penalties and 34 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Director or Officer17 Any Person10 Trader8

Plus 13 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Director or Officer — also bound by 429 other Acts
Companies Act 2006 126 duties
Any Person — also bound by 2340 other Acts
Trader — also bound by 825 other Acts
Companies Act 2006 243 duties
Companies Act 1985 85 duties

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Auditors, accounts, directors' liabilities and investigations

3 of 31 sections shown
s.015 Disclosure of information by tax authorities Imprisonment
  • Unauthorised disclosure of tax informationAny Person
s.015 Restrictions on disclosure of information obtained under compulsory powers Imprisonment
  • Disclose confidential information obtained under compulsory powersAny Person
s.023 Power to enter and remain on premises (opens in a new tab) Prosecution
  • Obstruct a company inspector or investigatorAny Person

Unlimited fine

28 other sections in this Part — procedural and definitional
s.001 Additional requirements for recognition of supervisory bodies (opens in a new tab)
s.002 Arrangements to which additional requirements for recognition relate (opens in a new tab)
s.003 Delegation of functions by Secretary of State to new or existing body (opens in a new tab)
s.004 Circumstances in which Secretary of State may delegate functions to existing body (opens in a new tab)
s.005 Supplementary provisions about delegation orders (opens in a new tab)
s.006 Approval of overseas qualifications for auditors (opens in a new tab)
s.007 Disclosure of services provided by auditors and related remuneration (opens in a new tab)
s.008 Auditors' rights to information (opens in a new tab)
s.009 Statement in directors' report as to disclosure of information to auditors (opens in a new tab)
s.010 Persons authorised to apply to court in connection with defective accounts (opens in a new tab)
s.011 Disclosure of tax information by Inland Revenue to facilitate application for declaration that accounts are defective (opens in a new tab)
s.012 Power of person authorised to require documents, information and explanations (opens in a new tab)
s.013 Power to specify bodies who may issue reporting standards (opens in a new tab)
s.014 Supervision of periodic accounts and reports of issuers of listed securities (opens in a new tab)
s.015 Application of sections 15A to 15E (opens in a new tab)
s.015 Power of prescribed body to require documents, information and explanations
s.015 Permitted disclosure of information obtained under compulsory powers
s.015 Power to amend categories of permitted disclosure
s.016 Grants to bodies concerned with accounting standards etc. (opens in a new tab)
s.017 Levy to pay expenses of bodies concerned with accounting standards etc. (opens in a new tab)
s.018 Exemption from liability (opens in a new tab)
s.018 Power to confer exemption from liability
s.019 Relaxation of prohibition on provisions protecting directors etc. from liability (opens in a new tab)
s.020 Funding of director’s expenditure on defending proceedings (opens in a new tab)
s.021 Power to require documents and information (opens in a new tab)
s.022 Protection in relation to certain disclosures (opens in a new tab)
s.024 Failure to comply with certain requirements (opens in a new tab)
s.025 Minor and consequential amendments (opens in a new tab)
Part 2

Community interest companies

29 of 49 sections shown
s.026 Community interest companies (opens in a new tab) Regulated
  • Establish or convert a company into a community interest company (CIC)Trader
  • Form a CIC only if eligible and do not register it as a charityDirector or Officer
s.030 Cap on distributions and interest (opens in a new tab) Regulated
  • Limit asset distributions and interest to regulator‑set capsDirector or Officer
  • Do not distribute assets or pay excessive interestDirector or Officer
s.032 Articles of association (opens in a new tab) Regulated
  • Ensure articles of association include required CIC provisionsDirector or Officer
  • Ensure Community Interest Company articles meet statutory requirementsTrader
s.033 Names (opens in a new tab) Regulated
  • Use required suffix in your CIC nameDirector or Officer
  • Use the correct legal name for your Community Interest Company (CIC)Trader
s.034 Community interest company reports (opens in a new tab) Regulated
  • Prepare and file an annual Community Interest Company (CIC) reportDirector or Officer
s.036 Formation of company as a community interest company (opens in a new tab) Regulated
  • Submit prescribed formation documents when registering a CICDirector or Officer
s.036 Formation as community interest company: decision on eligibility Regulated
  • Ensure your company meets CIC eligibility requirementsDirector or Officer
Other duties (1) — Crown / regulator
  • CIC Regulator must decide if a company is eligible for CIC statusStatutory regulator
s.036 Formation as community interest company: implementation of decision on eligibility Regulated
Other duties (1) — Crown / regulator
  • Registrar of Companies must incorporate and record CIC formation documentsStatutory regulator
s.037 Company becoming a community interest company (opens in a new tab) Regulated
  • File application to become a Community Interest CompanyDirector or Officer
  • Follow formal procedures to become a community interest companyTrader
s.037 Becoming a community interest company: application to court to cancel resolutions Regulated
Other duties (1) — Crown / regulator
  • Court must decide whether to cancel or confirm CIC conversion resolutionsTribunal / Court
s.037 Becoming a community interest company: notice to registrar of court application or order Prosecution
  • Fail to give registrar notice of court application or orderDirector or Officer

Fine up to £1,000

s.037 Becoming a community interest company: application and accompanying documents Regulated
  • Submit required documents when applying to become a Community Interest CompanyDirector or Officer
s.038 Becoming a community interest company: decision by Regulator (opens in a new tab) Regulated
  • Apply to become a community interest companyDirector or Officer
Other duties (1) — Crown / regulator
  • CIC Regulator must decide eligibility for Community Interest Company statusStatutory regulator
s.038 Becoming a community interest company: implementation of decision on eligibility Regulated
Other duties (1) — Crown / regulator
  • Companies House must issue a new certificate upon CIC eligibilityStatutory regulator
s.040 Becoming a community interest company: Scottish charities (opens in a new tab) Regulated
  • Scottish charitable companies must get regulator consent before becoming a CICTrader
s.045 Appointment of director (opens in a new tab) Prosecution
  • Fail to notify regulator when a regulator‑appointed director leavesDirector or Officer

Unlimited fine

s.046 Removal of director (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • CIC Regulator must give notice and notify registrar on director removalStatutory regulator
s.048 Property (opens in a new tab) Prosecution
  • Fail to obey regulator’s property orderAny Person

Unlimited fine

s.053 Ceasing to be a community interest company (opens in a new tab) Regulated
  • Do not cease CIC status except by dissolution or prescribed conversionTrader
s.054 Ceasing to be a community interest company and becoming a charity (opens in a new tab) Regulated
  • Convert your CIC into a charityDirector or Officer
  • Follow specific procedures to convert a CIC into a charityTrader
s.054 Ceasing to be a community interest company and becoming a charity: application to court to cancel resolutions Regulated
Other duties (1) — Crown / regulator
  • Court must decide whether to cancel resolutions to change a CIC to a charityTribunal / Court
s.054 Ceasing to be a community interest company and becoming a charity: notice to registrar of court application or order Prosecution
  • Fail to give required notice to registrar when ceasing as a CICDirector or Officer

Fine up to £1,000

s.054 Ceasing to be a community interest company and becoming a charity: application and accompanying documents Regulated
  • Submit required documents when converting a CIC to a charityDirector or Officer
s.055 Ceasing to be a community interest company and becoming a charity: decision by Regulator (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • CIC Regulator must decide if a company can convert to a charityStatutory regulator
s.055 Ceasing to be a community interest company and becoming a charity : consequences of Regulator’s decision Regulated
Other duties (1) — Crown / regulator
  • Companies House must update company records once a CIC becomes a charityStatutory regulator
s.056 Becoming a registered society (opens in a new tab) Regulated
  • Community interest companies must not convert into registered societiesTrader
s.059 Information (opens in a new tab) Prosecution
  • Disclose restricted information unlawfullyAny Person

Fine up to £1,000

s.060 Offences (opens in a new tab) Regulated
  • Officer liable for corporate offence committed with consent or neglectDirector or Officer
s.061 Orders made by Regulator (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • CIC Regulator must provide reasons and notification for ordersStatutory regulator
20 other sections in this Part — procedural and definitional
s.027 Regulator (opens in a new tab)
s.028 Appeal Officer (opens in a new tab)
s.029 Official Property Holder (opens in a new tab)
s.031 Distribution of assets on winding up (opens in a new tab)
s.035 Community interest test and excluded companies (opens in a new tab)
s.039 Becoming a community interest company: English charities (opens in a new tab)
s.040 Becoming a community interest company: Northern Ireland charities
s.041 Conditions for exercise of supervisory powers (opens in a new tab)
s.042 Investigation (opens in a new tab)
s.043 Audit (opens in a new tab)
s.044 Civil proceedings (opens in a new tab)
s.047 Appointment of manager (opens in a new tab)
s.049 Transfer of shares etc. (opens in a new tab)
s.050 Petition for winding up (opens in a new tab)
s.051 Dissolution and striking off (opens in a new tab)
s.052 Re-registration (opens in a new tab)
s.057 Fees (opens in a new tab)
s.058 Extension of provisions about registrar etc. (opens in a new tab)
s.062 Regulations (opens in a new tab)
s.063 Interpretation (opens in a new tab)
Part 3

Supplementary

0 of 4 sections shown
4 other sections in this Part — procedural and definitional
s.064 Repeals and revocations (opens in a new tab)
s.065 Commencement etc. (opens in a new tab)
s.066 Extent (opens in a new tab)
s.067 Short title (opens in a new tab)
Schedules

Schedules

8 of 67 shown
s.002 Minor and consequential amendments relating to Part 1 (opens in a new tab) Prosecution
  • Unauthorised disclosure of information obtained in an investigationAny Person

Unlimited fine

s.sch002 For section 449 substitute— Provision for security of information obtained... Prosecution
  • Unauthorised disclosure of confidential investigation informationAny Person

Unlimited fine

s.sch002 For section 451 substitute— Punishment for furnishing false information (1) A person commits an offence if in purported compliance... Prosecution
  • Provide false information to the regulatorAny Person

Unlimited fine

s.sch002 In section 452— (a) for subsection (1) substitute— Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must not compel disclosure of legally privileged or banking documents without conditionsCrown / Minister / Government department
s.sch005 The Regulator must appoint a member of the Regulator’s staff... Regulated
Other duties (1) — Crown / regulator
  • CIC Regulator must appoint a staff member as Official Property Holder during absences or vacanciesStatutory regulator
s.sch005 (1) As soon as possible after the end of each... Regulated
Other duties (1) — Crown / regulator
  • Official Property Holder must report annually to the RegulatorCrown / Minister / Government department
s.sch007 Community interest companies: investigations (opens in a new tab) Imprisonment
  • Provide false information to a CIC investigatorAny Person
s.sch007 (1) A person commits an offence if in purported compliance... Prosecution
  • Provide false information to the CIC RegulatorAny Person

Unlimited fine

59 other schedules
s.001 New Schedule 7B to the Companies Act 1985 (opens in a new tab)
s.003 Regulator of Community Interest Companies (opens in a new tab)
s.006 Community interest companies: names (opens in a new tab)
s.sch002 (1) Schedule 24 (punishment of offences) is amended as follows....
s.sch002 The Companies Act 1985 has effect subject to the following...
s.sch002 After section 447 insert— Information provided: evidence (1) A statement made by a person in compliance with...
s.sch002 (1) Section 451A (disclosure of certain information) is amended as...
s.sch002 In section 732 (prosecution by public authorities)—
s.sch002 In section 733 (offences by bodies corporate)—
s.sch002 In section 734(1) (criminal proceedings against unincorporated bodies), for “447...
s.sch002 After Schedule 15B insert— SCHEDULE 15C Specified persons Section 449...
s.sch002 (1) Schedule 24 (punishment of offences) is amended as follows....
s.sch002 In section 124A(1)(a) of the Insolvency Act 1986 (petition for...
s.sch002 In section 8(1A)(b)(i) of the Company Directors Disqualification Act 1986...
s.sch002 In the table in section 87(4) of the Companies Act...
s.sch002 In paragraph 17 of Schedule 2 to the Criminal Justice...
s.sch002 In paragraph 24 of Schedule 4 to the Anti-terrorism, Crime...
s.sch002 In the Companies (Northern Ireland) Order 1990, omit Article 49...
s.sch002 The Companies Act 1985 has effect subject to the following...
s.sch002 In section 249E(2)(d) (rights to information)— (a) for “section 389A(1)...
s.sch002 In section 732(1) and (2)(a) (prosecution by public authorities), after...
s.sch002 In section 733(1) (offences by body corporate), after “216(3)” insert...
s.sch002 In section 734(1) (criminal proceedings against unincorporated bodies)—
s.sch003 (1) The period for which a person is appointed as...
s.sch003 (1) The Secretary of State may pay remuneration and travelling...
s.sch003 (1) The Regulator may, after consulting the Minister for the...
s.sch003 The person appointed to chair the Charity Commission may make...
s.sch003 Anything which the Regulator is authorised or required to do...
s.sch003 The Secretary of State may make payments to the Regulator....
s.sch003 (1) The Regulator must, in respect of each financial year,...
s.sch003 In Schedule 2 to the Parliamentary Commissioner Act 1967 (c....
s.sch003 In Part 3 of Schedule 1 to the House of...
s.sch004 Appeal Officer for Community Interest Companies (opens in a new tab)
s.sch004 (1) The Appeal Officer holds office for the period determined...
s.sch004 (1) The Secretary of State may pay remuneration and travelling...
s.sch004 The Secretary of State may make payments to the Appeal...
s.sch004 (1) Regulations may make provision about the practice and procedure...
s.sch004 In Schedule 2 to the Parliamentary Commissioner Act 1967 (c....
s.sch004 In Part 3 of Schedule 1 to the House of...
s.sch005 Official Property Holder for Community Interest Companies (opens in a new tab)
s.sch005 (1) The Official Property Holder is a corporation sole.
s.sch005 The Regulator must make available to the Official Property Holder...
s.sch005 (1) The Official Property Holder holds property vested in or...
s.sch005 (1) The Official Property Holder may recover his expenses in...
s.sch006 The Companies Act 1985 has effect subject to the following...
s.sch006 In paragraph 8(2) of the Schedule to the Limited Liability...
s.sch006 (1) Section 26 (prohibition on registration of certain names) is...
s.sch006 In section 27(4) (alternatives of statutory designations), after paragraph (d)...
s.sch006 In section 30(7) (further exemptions for company exempt from using...
s.sch006 In section 33(1) (person who is not a public company...
s.sch006 After section 34 insert— Penalty for improper use of “community...
s.sch006 In section 43(2)(b) (re-registration of private company as public: alteration...
s.sch006 Schedule 6 para.8
s.sch006 (1) Schedule 24 (punishment of offences) is amended as follows....
s.sch007 (1) The investigator of a community interest company may require...
s.sch007 (1) Nothing in paragraph 1 requires a person to produce...
s.sch007 (1) A statement made by a person in compliance with...
s.sch007 (1) This paragraph applies if a person fails to comply...
s.sch008 Repeals and revocations (opens in a new tab)

Help complying

Guvnor’s practical routes through this instrument.

Set up a community interest company (CIC)

Form a CIC for social enterprise purposes with asset lock protection, dividend caps, and ongoing compliance requirements

Meet your ongoing CIC compliance obligations

How to stay compliant as a Community Interest Company. Covers annual CIC reports (Form CIC34), asset lock obligations, dividend caps, and CIC …

Set up a community interest company (CIC)

How to register a Community Interest Company, pass the community interest test, and complete the required forms. For social enterprises wanting to …

Understand CIC asset lock rules

How the CIC asset lock protects community assets, when and how you can transfer assets, and dividend and interest caps that apply …
1 more guide that reference this instrument
Social enterprise structures

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.