Section 329: Penalty where company fails to comply with Act
consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
329. Penalty where company fails to comply with Act
(1) Where a company fails to comply with section 38 (1) or (4), 84 (1),
91 (1), (2), (3) or (4), 92 (2) or (3), 97 (1) or (4), 114 (5), 117 (6), 190 (1),
[Issue 1] C35 – 194
Revised Laws of Mauritius
(2) or (5), 195 (4), 225, 226 (1) or 228 the company and every director of
the company shall commit an offence and shall, on conviction, be liable to a
fine not exceeding 100,000 rupees.
(2) Where a company fails to comply with section 159 (5), 194 (2) or
294 (4), the company and every director of the company shall commit an offence and shall, on conviction, be liable to a fine not exceeding 200,000 rupees.
(3) Where a company fails to comply with section 52 (4), 58 or 62 (2) or
(6), the company and every officer of the company who is in default shall
commit an offence and shall, on conviction, be liable to a fine not exceeding
100,000 rupees.
(4) Where a person is convicted for an offence of—
(a) failure to pay the registration fee under section 355; or
(b) failure to file the annual return,
he shall, in addition to any fine imposed under subsection (1), be ordered by
the Court to pay the registration fee or to file the annual return, as the case
may be, within such time as the Court may determine.
Ask juris about this section Official source
Questions this section answers
- What fine can my company and its directors face for failing to comply with the Act's filing rules?
- Can I be ordered to pay the registration fee or file the annual return on top of a fine?
- What's the fine range for a company failing basic requirements under this Act?
- Which officers can be fined if the company itself breaks these rules?