1984 Ed.]
Companies
[CAP. 32
243
(m)-(n) [Deleted, 21 of 1970, s. 35]
(o) within 12 months next before the commencement of the winding up or at any time thereafter pawns, pledges, or disposes of any property of the company which has been obtained on credit and has not been paid for, unless such pawning, pledging, or disposing is in the ordinary way of the business of the company; or
(p) is guilty of any false representation or other fraud for the purpose of obtaining the consent of the creditors of the company or any of them to an agreement with reference to the affairs of the company or to the winding up,
he shall, in the case of the offence mentioned in paragraph (b), be liable on conviction on indictment to imprisonment for 5 years, or on summary conviction to imprisonment for 12 months, and in the case of any other offence shall be liable
liable
(i) on conviction upon indictment to a fine of $50,000 and to imprisonment for 2 years; and
(ii) on summary conviction to a fine of $10,000 and to imprisonment for 6 months: (Amended, 22 of 1950, s. 3 and 6 of 1984, s. 259)
Provided that it shall be a good defence to a charge under any of paragraphs (a), (b), (c), (d), (f) and (o), if the accused proves that he had no intent to defraud, and to a charge under any of paragraphs (h), (i) and (j), if he proves that he had no intent to conceal the state of affairs of the company or to defeat the law. (Amended, 21 of 1970, s. 35)
(2) Where any person pawns, pledges or disposes of any property in circumstances which amount to an offence under subsection (1)(o), any person who takes in pawn or pledge or otherwise receives the property knowing it to be pawned, pledged, or disposed of in such circumstances as aforesaid shall be guilty of an offence, and on conviction thereof liable to be punished in the same way as if he had received the property knowing it to have been obtained in circumstances amounting to an offence.
(3) For the purposes of this section, "officer" includes any person in accordance with whose directions or instructions the directors of a company have been accustomed to act.
(Amended, 6 of 1984, s. 187)
272. If any person, being a past or present officer or a contributory of any company being wound up, before or after the commencement of the winding up destroys, mutilates, alters or falsifies any books, papers or securities, or makes or is privy to the making of any false or fraudulent entry in any register, book of account or document belonging to the company with intent to defraud or deceive any person, he shall be guilty of an offence and liable
Penalty for falsification of books. [cf. 1948 c. 38, s. 329.]
1984 Ed.]
Companies
[CAP. 32
243
(m)-(n) [Deleted, 21 of 1970, s. 35]
(0) within 12 months next before the commencement of the winding up or at any time thereafter pawns, pledges, or disposes of any property of the company which has been obtained on credit and has not been paid for, unless such pawning. pledging, or disposing is in the ordinary way of the business of the company; or
(p) is guilty of any false representation or other fraud for the purpose of obtaining the consent of the creditors of the company or any of them to an agreement with reference to the affairs of the company or to the winding up.
he shall, in the case of the offence mentioned in paragraph (6), be liable on conviction on indictment to imprisonment for 5 years, or on summary conviction to imprisonment for 12 months, and in the case of any other offence shall be liable
liable
(i) on conviction upon indictment to a fine of $50.000 and to imprisonment for 2 years; and
(ii) on summary conviction to a fine of $10,000 and to imprisonment for 6 months: (Amended, 22 of 1950, s. 3 and 6 of 1984, s. 259)
Provided that it shall be a good defence to a charge under any of paragraphs (a), (b), (c), (d), (f) and (0), if the accused proves that he had no intent to defraud, and to a charge under any of paragraphs (h), (i) and (j), if he proves that he had no intent to conceal the state of affairs of the company or to defeat the law. (Amended, 21 of 1970, s. 35)
(2) Where any person pawns, pledges or disposes of any property in circumstances which amount to an offence under subsection (1)(o), any person who takes in pawn or pledge or otherwise receives the property knowing it to be pawned, pledged, or disposed of in such circumstances as aforesaid shall be guilty of an offence, and on conviction thereof liable to be punished in the same way as if he had received the property knowing it to have been obtained in circumstances amounting to an offence.
(3) For the purposes of this section, "officer" includes any person in accordance with whose directions or instructions the directors of a company have been accustomed to act.
(Amended, 6 of 1984, s. 187)
272. If any person, being a past or present officer or a con- tributory of any company being wound up, before or after the commencement of the winding up destroys, mutilates, alters or falsifies any books, papers or securities, or makes or is privy to the making of any false or fraudulent entry in any register, book of account or document belonging to the company with intent to defraud or deceive any person, he shall be guilty of an offence and liable
Penalty for falsification of books. [cf. 1948 c. 38. s. 329.]
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