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171.   Offences

Revised Laws of Saint Lucia (2021)

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171.   Offences

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    (1)   Any person who contravenes—

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      (a)     any provision of this Act;

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      (b)     any provision of any statutory instrument; or

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      (c)     any direction or requirement given or made by the Registrar,

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    commits an offence, unless he or she proves that he or she did not knowingly commit such contravention or omission and, in the case of a default in complying with any such provision, direction or requirement, the offence shall be deemed to be continued so long as the default continues.

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    (2)   Where an offence against this Act is committed by a company and the offence is proved to have been committed with the consent or connivance of, or to have been facilitated by any neglect on the part of, any director, any officer, or an actuary or auditor of the company, he or she, as well as the company, commits the offence.

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    (3)   Where any document required by or under this Act to be signed by any person is false in any aspect to the knowledge of any such person who signs it, that person commits an offence.

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    (4)   For the purpose of this section, a certificate purporting to be signed by the Registrar as to the date on which that evidence came to his or her knowledge shall, in any such summary proceedings, be conclusive evidence of that date.

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    (5)   Any proceedings against a company for an offence against this Act shall be without prejudice to any proceedings for the judicial management, or the winding-up of the company or of any part of the business of the company which may be taken in respect of the matter constituting the offence.

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