Section 44C: Offence by limited liability partnership
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.
44C. Offence by limited liability partnership
(1) Where an offence is committed by a limited liability partnership, every
person who, at the time of the commission of the offence, was concerned in
the management of the limited liability partnership 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 limited liability partnership 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 limited liability partnership.
(b) In this section—
“limited liability partnership” has the same meaning as in the Limited
Liability Partnerships Act;
“representative” means a partner, manager or any other person duly
authorised by the limited liability partnership to represent it.
[S. 44C inserted by s. 69 (3) of Act 24 of 2016 w.e.f. 3 January 2017.]
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Questions this section answers
- If a limited liability partnership commits an offence, can its partners or managers be prosecuted?