Banking Act · 2024 Revised Edition · Part · General
107. Offences by bodies corporate
Official textFrom Attorney General's Chambers, unchanged
Where an offence under this Act committed by a bank or other company is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of —
bank
“bank” means a company which carries on banking business and holds a licence granted under section 4 or 23, and includes all branches and offices in Brunei Darussalam of any such company for the purposes of this Act;
any director, manager, secretary of other similar officer of that body, or any person who was purporting to act in that capacity; or
director
“director” includes any person occupying the position of director of a company, whatever the title of his office, and includes a person in accordance with whose directions or instructions the directors of a company are accustomed to act and an alternate or substitute director;
any other person who holds a controlling interest in that body, he, as well as the company, is guilty of that offence and liable to be proceeded against and punished accordingly.
company
“company” means a body corporate incorporated or registered in Brunei Darussalam under the Companies Act;
Terms defined in s 2
bank
Defined · s 2“bank” means a company which carries on banking business and holds a licence granted under section 4 or 23, and includes all branches and offices in Brunei Darussalam of any such company for the purposes of this Act;
company
Defined · s 2“company” means a body corporate incorporated or registered in Brunei Darussalam under the Companies Act;
director
Defined · s 2“director” includes any person occupying the position of director of a company, whatever the title of his office, and includes a person in accordance with whose directions or instructions the directors of a company are accustomed to act and an alternate or substitute director;
officer
Defined · s 2“officer”, in relation to a company, includes — (a) a director, the secretary or an employee of the company; (b) a receiver or manager of any part of the undertaking of the company appointed under a power contained in any instrument; and (c) the liquidator of the company appointed in a voluntary winding up;