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Banking Act

35D. Offences under sections 35 and 35B

Edition: 2024-12-27 · In force

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35D. Offences under sections 35 and 35B

(1)A person who—
(a)refuses or fails to comply with a requirement of a liquidator appointed under section 35, or of an administrator appointed under section 35B, that is applicable to the person, to the extent to which the person is able to comply with it;
(b)obstructs or hinders such a liquidator or administrator in the exercise of the powers conferred under this Act;
(c)provides information, or makes a false statement, to such a liquidator or administrator knowing it to be false or misleading in any material respect; or
(d)when appearing before such a liquidator for examination in accordance with such a requirement, makes a statement knowing it to be false or misleading in a material respect,
commits an offence and on conviction is liable to a fine not exceeding one million shillings, or to imprisonment for a term not exceeding three years, or to both.
(2)If, after being convicted of an offence under subsection (1)(a), a person continues to refuse or fail to comply with the relevant requirement, the person commits a further offence on each day or part of a day on which the refusal or failure continues and on conviction is liable to a fine not exceeding one hundred thousand shillings for each such offence.[Act No. 19 of 2015, s. 84.]
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Source: Kenya Law