CAP. 29]

Trustee.

[s. 96 cont.] subject however to the modification that the company may also be ordered to be wound up on application made by the Attorney General if-

(a) the company has made default in complying with a requirement of this Part and such default has continued for a period of two months after notice of default has been served upon the company; or

(b) from the consideration of the report of an inspector appointed under section 95 it appears that the company has committed a breach of trust.

Personal liability of officers of a trust company.

Offences.

(2) Upon the winding up of a trust company every person who has been a director of the company at any time within the period of two years immediately preceding the commencement of the winding up shall be liable for the balance unpaid on every share which he may have transferred during such two years.

[97]

97. Where a trust company holds the office of executor, administrator or trustee, every person employed by the company to discharge any of the duties of such office shall, in respect of the duties entrusted to him, be personally responsible to the court and be subject to the process of the court, as though he had been personally appointed to such office.

[98]

98. (1) Any director, officer or servant of a trust company who wilfully and with intent to defraud neglects to make any entry in the books of the company which it is his duty to make shall be guilty of a misdemeanor.

(2) Any director, officer or servant of a trust company, who wilfully and with intent to defraud makes or abets the making of any false entry in the books of the company, or subscribes or exhibits any false document with intent to deceive any person appointed under this Part to investigate the affairs and management of the company shall be guilty of a misdemeanor.

(3) Any director, officer or servant of a trust company who refuses to produce for examination to any person appointed under this Part to investigate the affairs and management of the company all books and documents relevant to such investigation which are in his custody or control shall be guilty of a misdemeanor.

518

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