Section 44B: Offence by Foundation
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.
44B. Offence by Foundation
(1) Where an offence is committed by a Foundation, every person who, at
the time of the commission of the offence, was concerned in the management
of the Foundation or was purporting to act in that capacity, shall also commit
the like offence, unless he proves that the offence was committed without his
knowledge or consent and that he took all reasonable steps to prevent the
commission of the offence.
(2) (a) Where a Foundation is charged with an offence, a representative
may appear before the appropriate Court and enter a plea of guilty or not
guilty on behalf of the Foundation.
[Issue 4] I20 – 18
Revised Laws of Mauritius
(b) In this subsection—
“representative” means the secretary or any other person duly authorised by the Foundation to represent it.
(3) In this section—
“Foundation” has the same meaning as in the Foundations Act.
[S. 44B inserted by s. 51 (2) of Act 8 of 2012 w.e.f. 1 July 2012.]
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Questions this section answers
- If a Foundation commits an offence, who can be held personally liable for it?