Companies Act · s 141BA

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141BA.
(1) Where-
(a)
a person has been persistently in default in relation to relevant requirements of this Act; and
(b) that person, within a period of 5 years after he has last been adjudged guilty of any offence or has had made against him an order under section lOOD or 311A in relation to any such relevant requirements of this Act, without the leave of the Court, is a director or promoter of, or is in any way directly or indirectly concerned or takes part in the management of a company, he is guilty of an offence and liable on conviction to a fine not exceeding
$10,000, imprisonment for a term not exceeding 2 years or both.
(2) Any provision of this Act which requires any return, account or other document to be filed with, delivered or sent, or notice of any matter to be given, to the Registrar is a relevant requirement of this Act for the purposes of this section.
(3) For the purposes of this section, the fact that a person has been persistently in default in relation to relevant requirements of this Act may, subject to subsection (8), be conclusively proved by showing that, within a period of 5 years, he has been adjudged guilty of three or more offences in relation to any such requirements or has had three or more orders made against him under section lOOD or 311A in relation to those requirements.
(4) A person shall be treated as being aqjudged guilty of three or more offences in relation to any such relevant requirement of this Act for the purpose of subsection (3) if he is convicted of any three or more offences by virtue of any contravention of, or failure to comply with, any such requirements (whether on his own part or on the part of any company).
(5) For the purposes of this section, a conviction for an offence under section 141C(2)(a) shall not be treated as an offence in relation to a relevant requirement for this Act.

Companies
CAP. 39 157
(6) Where -
(a) a person has had a third or subsequent order made against him under section 100D or 3 11A; and
(b) by virtue of the operation of this section that person is disqualified from being a director or promoter of or from being in any way directly or indirectly concerned or taking part in the management of a company, nothing in this section shall be construed as preventing that person from complying with the order of the Court and for this purpose he is deemed to have the same status, powers and duties as he had at the time the act, matter or thing should have been done.
(7) For the purposes of this section, a certificate of the Registrar stating that a person has been adjudged guilty of three or more offences or has had made against him three or more orders under section lOOD or 3 11 A in relation to the requirements of this Act shall in all courts be received as prima facie evidence of the facts stated therein.
(8) No account shall be taken for the purposes of this section of any offence which was committed or, in the case of a continuing offence, began before the date of commencement of the Companies Act
(Amendment) Order, 20 19 (S 27120 19).
(9) A person intending to apply for leave of the Court under this section shall give to the Minister not less than 14 days' notice of his intention so to apply.
(10) On the hearing of any application under this section, the a
Minister may be represented and may oppose the granting of the application.
-
(1 1) In this section, "company" includes an unregistered company within the meaning of section 192 of the Insolvency Order, 2016
(S 112016).

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s 141BA

(1)

Where-

(a)

a person has been persistently in default in relation to relevant requirements of this Act; and

(b)

that person, within a period of 5 years after he has last been adjudged guilty of any offence or has had made against him an order under section lOOD or 311A in relation to any such relevant requirements of this Act, without the leave of the Court, is a director or promoter of, or is in any way directly or indirectly concerned or takes part in the management of a company, he is guilty of an offence and liable on conviction to a fine not exceeding

$10,000, imprisonment for a term not exceeding 2 years or both.

(2)

Any provision of this Act which requires any return, account or other document to be filed with, delivered or sent, or notice of any matter to be given, to the Registrar is a relevant requirement of this Act for the purposes of this section.

(3)

For the purposes of this section, the fact that a person has been persistently in default in relation to relevant requirements of this Act may, subject to subsection (8), be conclusively proved by showing that, within a period of 5 years, he has been adjudged guilty of three or more offences in relation to any such requirements or has had three or more orders made against him under section lOOD or 311A in relation to those requirements.

(4)

A person shall be treated as being aqjudged guilty of three or more offences in relation to any such relevant requirement of this Act for the purpose of subsection (3) if he is convicted of any three or more offences by virtue of any contravention of, or failure to comply with, any such requirements (whether on his own part or on the part of any company).

(5)

For the purposes of this section, a conviction for an offence under section 141C(2)(a) shall not be treated as an offence in relation to a relevant requirement for this Act.

Companies

CAP. 39 157

(6)

Where -

(a)

a person has had a third or subsequent order made against him under section 100D or 3 11A; and

(b)

by virtue of the operation of this section that person is disqualified from being a director or promoter of or from being in any way directly or indirectly concerned or taking part in the management of a company, nothing in this section shall be construed as preventing that person from complying with the order of the Court and for this purpose he is deemed to have the same status, powers and duties as he had at the time the act, matter or thing should have been done.

(7)

For the purposes of this section, a certificate of the Registrar stating that a person has been adjudged guilty of three or more offences or has had made against him three or more orders under section lOOD or 3 11 A in relation to the requirements of this Act shall in all courts be received as prima facie evidence of the facts stated therein.

(8)

No account shall be taken for the purposes of this section of any offence which was committed or, in the case of a continuing offence, began before the date of commencement of the Companies Act

(Amendment) Order, 20 19 (S 27120 19).

(9)

A person intending to apply for leave of the Court under this section shall give to the Minister not less than 14 days' notice of his intention so to apply.

(10)

On the hearing of any application under this section, the a

Minister may be represented and may oppose the granting of the application.

(1 1) In this section, "company" includes an unregistered company within the meaning of section 192 of the Insolvency Order, 2016

(S 112016).