Section 14C: Duty, excise duty and tax liability of principal
This section is inserted by Act No 7 of 2020, section 13.
consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
14C. Duty, excise duty and tax liability of principal
officer of private company
(1) The principal officer of a private company shall –
(a) be answerable for the doing of all such
things as are required to be done by that
company under this Act;
Acts 2020 201
(b) be required to retain sufficient money
or property of the company in order to
pay duty, excise duty and taxes which
is, are or will become payable by that
company; and
(c) be personally liable in respect of the duty,
excise duty and taxes payable by that
company to the extent of any amount
he has or should have retained under
paragraph (b).
(2) In this section –
“principal officer”, in relation to a private
company, means the executive director or any
other person who exercises or who is entitled
to exercise or who controls or who is entitled to
control, the exercise of powers which would fall
to be exercised by the Board of directors;
“private company” has the same meaning as in
the Companies Act.
(c) in section 24A(1) –
(i) by deleting the words “section 15, 19, 20 or 24 of this
Act” and replacing them by the words “section 9A, 15,
19, 20, 24, 49 or 156A of this Act”;
(ii) by inserting, after the words “the Excise Act”, the words
“or regulation 20A of the Customs Regulations 1989”;
(d) by inserting, after section 30, the following new section –
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Questions this section answers
- Can the principal officer of a private company be made personally liable for its unpaid duty and taxes?