Revised Laws of Saint Lucia (2021)

465.   Liability of bodies of persons

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    (1)   Where any body corporate, firm, society or other body of persons is charged with an offence under this Act, every person who at the time of the alleged offence was a director, manager, secretary or other similar officer or a partner of the body corporate, firm, society or body of persons, or was purporting to act in such capacity, is liable to the penalties provided for such offence as if he or she himself or herself was guilty of the offence, unless the person proves—

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      (a)     that the offence was committed without his or her knowledge and that such lack of knowledge was not caused by his or her wilful default, omission or neglect; or

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      (b)     that having regard to the nature of the person's functions and to all the circumstances, the person exercised all due diligence to prevent the commission of the offence.

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    (2)   Where any person would be liable under this Act to any penalty for any act, omission, neglect or default, that person is liable to the same penalty for every such act, omission, neglect or default of any clerk, servant or agent in his or her employment or of the clerk or servant of such agent if such act, omission, neglect or default was committed—

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      (a)     by such clerk or servant of such person in the course of his or her employment;

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      (b)     by such agent when acting on behalf of that person; or

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      (c)     by the clerk or servant of such agent when acting in the course of the employment in such circumstances that, had such act, omission, neglect or default been committed by the agent, his or her principal would have been liable under this section.