46
CAP. 333]
Securities
[1989 Ed.
(3) A person shall be deemed to be aware of any such inability as is described in subsection (1) if he would, with the exercise of reasonable diligence, have been aware of such inability and, if such person is a corporation, if any dealing director of that corporation is aware or would, with the exercise of reasonable diligence, have been aware of such inability.
(4) Any person who contravenes subsection (1) or who fails to comply with any condition imposed by the Commission under subsection (2)(b) shall be guilty of an offence and shall be liable on conviction to a fine of $25,000 and, in the case of a continuing offence, to a further fine of $250 for each day during which the offence continues.
(Added 58 of 1985 s. 51)
65D. Books, accounts and records to be produced on demand
(1) For the purposes of ascertaining whether or not a registered dealer or registered dealing partnership complies with section 65B the Commission and any person who produces written authority in that behalf signed by the Commission, shall have the powers of an auditor under section 95(1).
(2) For the purposes of section 95(3) a request made under section 95(1) by the Commission, or by any person authorized by it, in pursuance of the powers vested in it or him, as the case may be, by subsection (1) shall be deemed to have been made under section 95(1).
(Added 58 of 1985 s. 51. Amended 10 of 1989 s. 65; L.N. 259 of 1989) (Part VIA added 58 of 1985 s. 19)
PART VII
RECORDS
66. Application of Part VII
(1) This Part applies to and in relation to-
(a) a person who is-
(i) a dealer;
(ii) a dealer's representative;
(iii) an investment adviser; or
(iv) an investment representative; and
(b) securities listed on the Unified Exchange and any other securities of a class prescribed in regulations for the purposes of this subsection. (Amended 58 of 1985 s. 52)
(2) The Governor in Council may, by order, apply any of the provisions of this Part, with such modifications and additions as he thinks fit, to financial journalists.
46
CAP. 333]
Securities
[1989 Ed.
(3) A person shall be deemed to be aware of any such inability as is described in subsection (1) if he would, with the exercise of reasonable diligence, have been aware of such inability and, if such person is a corporation, if any dealing director of that corporation is aware or would, with the exercise of reasonable diligence, have been aware of such inability.
(4) Any person who contravenes subsection (1) or who fails to comply with any condition imposed by the Commission under subsection (2)(b) shall be guilty of an offence and shall be liable on conviction to a fine of $25,000 and, in the case of a continuing offence, to a further fine of $250 for each day during which the offence continues.
(Added 58 of 1985 s. 51)
65D. Books, accounts and records
to be produced on demand
(1) For the purposes of ascertaining whether or not a registered dealer or registered dealing partnership complies with section 65B the Commission and any person who produces written authority in that behalf signed by the Commission, shall have the powers of an auditor under section 95(1).
(2) For the purposes of section 95(3) a request made under section 95(1) by the Commission, or by any person authorized by it, in pursuance of the powers vested in it or him, as the case may be, by subsection (1) shall be deemed to have been made under section 95(1).
(Added 58 of 1985 s. 51. Amended 10 of 1989 s. 65; L.N. 259 of 1989) (Part VIA added 58 of 1985 s. 19)
PART VII
RECORDS
66. Application of Part VII
(1) This Part applies to and in relation to-
(a) a person who is
(i) a dealer;
(ii) a dealer's representative;
(iii) an investment adviser; or
(iv) an investment representative; and
(b) securities listed on the Unified Exchange and any other securities of a class prescribed in regulations for the purposes of this subsection. (Amended 58 of 1985 s. 52)
(2) The Governor in Council may, by order, apply any of the provisions of this Part, with such modifications and additions as he thinks fit, to financial journalists.
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