On 21/05/2013,
you requested for the version in force on 21/05/2013
incorporating all amendments published on or before 21/05/2013.
The closest version currently available is that of 18/04/2013.
336.
—(1) Every person who, being a past or present officer or a contributory of a company which is being wound up —
(a)
does not to the best of his knowledge and belief fully and truly disclose to the liquidator all the property movable and immovable of the company, and how and to whom and for what consideration and when the company disposed of any part thereof, except such part as has been disposed of in the ordinary way of the business of the company;
(b)
does not deliver up to the liquidator, or as he directs —
(i)
all the movable and immovable property of the company in his custody or under his control and which he is required by law to deliver up; or
(ii)
all books and papers in his custody or under his control belonging to the company and which he is required by law to deliver up;
(c)
within 12 months next before the commencement of the winding up or at any time thereafter —
(i)
has concealed any part of the property of the company to the value of $200 or upwards, or has concealed any debt due to or from the company;
(ii)
has fraudulently removed any part of the property of the company to the value of $200 or upwards;
(iii)
has concealed, destroyed, mutilated or falsified, or has been privy to the concealment, destruction, mutilation or falsification of, any book or paper affecting or relating to the property or affairs of the company;
(iv)
has made or has been privy to the making of any false entry in any book or paper affecting or relating to the property or affairs of the company;
(v)
has fraudulently parted with, altered or made any omission in, or has been privy to fraudulent parting with, altering or making any omission in, any document affecting or relating to the property or affairs of the company;
(vi)
by any false representation or other fraud, has obtained any property for or on behalf of the company on credit which the company has not subsequently paid for;
(vii)
has obtained on credit, for or on behalf of the company, under the false pretence that the company is carrying on its business, any property which the company has not subsequently paid for; or
(viii)
has pawned, pledged or disposed of any property of the company which has been obtained on credit and has not been paid for, unless such pawning, pledging or disposing was in the ordinary way of the business of the company;
(d)
makes any material omission in any statement relating to the affairs of the company;
(e)
knowing or believing that a false debt has been proved by any person fails for a period of one month to inform the liquidator thereof;
(f)
prevents the production of any book or paper affecting or relating to the property or affairs of the company;
(g)
within 12 months next before the commencement of the winding up or at any time thereafter, has attempted to account for any part of the property of the company by fictitious losses or expenses; or
(h)
within 12 months next before the commencement of the winding up or at any time thereafter, has been 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,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years.
[15/84; 13/87]
(2) It shall be a good defence to a charge under subsection (1)(a), (b), (d) or subsection (1)(c)(i), (vii) or (viii) if the accused proves that he had no intent to defraud, and to a charge under subsection (1)(f) or subsection (1)(c)(iii) or (iv) if he proves that he had no intent to conceal the state of affairs of the company or to defeat the law.
(3) Where any person pawns, pledges or disposes of any property in circumstances which amount to an offence under subsection (1)(c)(viii), every person who takes in pawn or pledge or otherwise receives the property knowing it to be pawned, pledged or disposed of in those circumstances shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years.
[15/84]
[UK, 1948, s. 328; Aust., 1961, s. 300]