Finance Companies Act · 2021 Revised Edition · Part · General
35. Offences by directors or managers
Official textFrom Attorney General's Chambers, unchanged
Any person who, being a director, managing director or manager of a finance company -
director
"director" includes any person occupying the position of director of a finance company by whatever name called and includes a person in accordance with whose directions or instructions the directors of a finance company are accustomed to act and an alternate or substitute director;
fails to comply, or to take all reasonable steps to secure compliance by the finance company. with the provisions of this Act or any order made under this Act or any other law relating to finance companies in force in Brunei Darussalam; or
fails to ensure or to take all reasonable steps to ensure the accuracy and correctness of any statement or information submitted under this Act or of any other law relating to finance companies in force in Brunei Darussalam, is guilty of an offence and liable on conviction to a fine of $20.000 and imprisonment for 5 years.
In any proceedings against a person under subsection (1) it shall be a defence to prove that he had reasonable grounds to believe and did believe that a competent and reliable person was charged with the duty of securing compliance with the provisions of this Act or any order made under this Act or any other written law relating to finance companies in Brunei
Darussalam or with the duty of securing that those statements were accurate and correct and that the person was in a position to discharge that duty.
A person shall not be sentenced to imprisonment for any offence under subsection (1) unless in the opinion of the court the offence was committed wilfully.
Terms defined in s 2
director
Defined · s 2"director" includes any person occupying the position of director of a finance company by whatever name called and includes a person in accordance with whose directions or instructions the directors of a finance company are accustomed to act and an alternate or substitute director;
finance company
Defined · s 2"finance company" means any company licensed under this Act, to carry on financing business or Islamic financing business, and all branches and offices in Brunei Darussalam of such a company is deemed to be one finance company for the purpose of this Act: