Limited Liability Partnerships Order, 2010 · s 52

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52.
Offences by other bodies corporate, partnerships etc.
(1)
Where an offence against this Order committed by a body corporate
(other than a limited liability partnership) is proved -
{a)
to have been committed with the consent or connivance of an officer of that body corporate; or
{b)
to be attributable to any neglect on the part of an officer of that body corporate, he, as well as the body corporate, is also guilty of the offence and liable to be proceeded against and punished accordingly.
(2)
Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
(3)
Where an offence against this Order committed by a partnership (other than a limited liability partnership) is proved -
{a)
to have been committed with the consent or connivance of a partner; or
{b)
to be attributable to any neglect on the part of a partner, he, as well as the partnership, is also guilty of the offence and liable to be proceeded against and punished accordingly.
(4)
Where an offence against this Order committed by an unincorporated ass6ciation (other than a partnership) is proved-
5327
{a)
to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body;
or

(b}
to be attributable to any neglect on the part of the officer or member, he, as well as the unincorporated association, is also guilty of the offence and liable to be proceeded against and punished accordingly.
(5)
In this section -
"officer"-
(a}
in relation to a body corporate, means any director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate, and includes any person purporting to act in any such capacity;
(b}
in relation to an unincorporated association (other than a partnership), means the president, secretary or any member of the committee, or any person holding a position analogous to that of president, secretary or member of a committee, and includes any person purporting to act in any such capacity;
"partner" includes a person purporting to act as a partner.
(6)
Regulations may provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any body corporate or unincorporated association formed or recognised under the law of a country or territory outside Brunei Darussalam.
Authority and others not liable to suit.

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s 52Offences by other bodies corporate, partnerships etc.

(1)

Where an offence against this Order committed by a body corporate

(other than a limited liability partnership) is proved -

{a)

to have been committed with the consent or connivance of an officer of that body corporate; or

{b)

to be attributable to any neglect on the part of an officer of that body corporate, he, as well as the body corporate, is also guilty of the offence and liable to be proceeded against and punished accordingly.

(2)

Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

(3)

Where an offence against this Order committed by a partnership (other than a limited liability partnership) is proved -

{a)

to have been committed with the consent or connivance of a partner; or

{b)

to be attributable to any neglect on the part of a partner, he, as well as the partnership, is also guilty of the offence and liable to be proceeded against and punished accordingly.

(4)

Where an offence against this Order committed by an unincorporated ass6ciation (other than a partnership) is proved-

5327

{a)

to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body;

(b}

to be attributable to any neglect on the part of the officer or member, he, as well as the unincorporated association, is also guilty of the offence and liable to be proceeded against and punished accordingly.

(5)

In this section -

"officer"-

(a}

in relation to a body corporate, means any director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate, and includes any person purporting to act in any such capacity;

(b}

in relation to an unincorporated association (other than a partnership), means the president, secretary or any member of the committee, or any person holding a position analogous to that of president, secretary or member of a committee, and includes any person purporting to act in any such capacity;

"partner" includes a person purporting to act as a partner.

(6)

Regulations may provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any body corporate or unincorporated association formed or recognised under the law of a country or territory outside Brunei Darussalam.

Authority and others not liable to suit.