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Cap. 168 · cap/168 (Cap. 168)

Cap. 168 чл. 84Penalty.

PART V

В силаОфициален текст

Any person responsible for the issue, circulation or distribution of a prospectus or for the issue of a form of application for shares or debentures, in contravention of any of the provisions of article 82 or of article 83(1) shall be liable to a penalty not exceeding one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69):

Provided that a director or other person responsible for the prospectus shall not incur liability if -

(a) as regards any matter not disclosed he proves that he was not cognizant thereof; or

(b) he proves that the contravention arose from an honest mistake of fact on his part; or

(c) the contravention was in respect of matters which, in the opinion of the court, were immaterial or otherwise such as ought, having regard to all the circumstances of the case, reasonably to be excused: Provided further that in the event of failure to include in a prospectus a statement with respect to matters specified in paragraph 16 of the Second Schedule hereto, no director or other person shall incur any liability in respect of the failure unless it be proved that he had knowledge of the matters not disclosed.

История на изменения
  • Amended by L.N. 410 of 2007