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13 November 2019 / Sinead O’Callaghan
Issue: 7864 / Categories: Opinion , Company , Brexit
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Political advertising: going off message?

Sinead O’Callaghan considers the ramifications of breaching the Companies Act when directors opt to further their own political agenda

JD Wetherspoon has been accused of breaching the Companies Act 2006 (CA 2006) after failing to seek shareholder approval for spending on pro-Brexit messaging ahead of the 2016 referendum.

Chairman Tim Martin reportedly used company funds to finance over £90,000 worth of pro-Brexit material. In doing so, Mr Martin is likely to have been in breach of the Companies Act 2006 (CA 2006) because pursuant to s 366 of CA 2006, political expenditure must be authorised (in the case of a company that is not a subsidiary of another company) by a resolution of the members prior to the political expenditure being incurred. 

The definition of political expenditure is found in s 365 and is expenditure incurred by a company on:

‘(a) the preparation, publication or dissemination of advertising or other promotional or publicity material (i) of whatever nature; and (ii) however published or otherwise disseminated, that at the time  of

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