Companies Act, 1973 (Act No. 61 of 1973)

Chapter XVI: Penalties for Offences

441. Penalties for offences
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1)Any company, director, officer or person convicted of any offence referred to in any of the undermentioned sections shall be liable to be sentenced, in the case of an offence referred to-
a)in section 440F(1) to a fine or to imprisonment for a period not exceeding 10 years or to both such fine and such imprisonment;
b)in section 132, to a fine or imprisonment for a period not exceeding 10 years or to both such fine and such imprisonment;
bA)in section 440FF(1), to a fine not exceeding R1 000 000;
c)in section 440I(2), 440CC(2) or that section as applied by 440DD, to a fine or to imprisonment for a period not exceeding five years or to both a fine and such imprisonment;
d)in section 37, 140A, 143, 145, 145A, 146, 146A, 147(2)(a), 148, 149, 153(4), 156, 162, 169, 218, 219, 255, 256(5), 260, 284, 287A, 424 or 440D(3) or (4) to a fine or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment;
e)in section 15A, 38, 141, 153(3), 165, 222, 226, 234, 237, 238, 249(1), 250, 251 or 275, to a fine or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment;
f)in section 90, 286, 288, 297, 298, 299, 300A ; 302, 308, 312(5), 363, 363A, 365, 414, 418(5) or 421, to a fine or to imprisonment for a period not exceeding six months or to both a fine and such imprisonment;
g)in section 242, 268C, 268I or 287, to a fine or to imprisonment not exceeding a period of three months or to both a fine and such imprisonment;
h)in section 168, 185, 256(6), 312(4), 331(1), or 333(1), to a fine;
i)in section 81, 93, 164, 166, 170, 207, 211(7), 239, 291 or 295, to a fine;
j)in section 112, 113, 131 or 179, to a fine;
k)in section 49, 50, 67, 68, 147(2)(b), 181, 186, 189, 192, 206, 313 or 333(2), to a fine;
l)in section 204 or 245, to a fine for every meeting in respect of which the contravention has taken place;
m)in section 171, 200(5), 268H or 311, to a fine;
n)in section 215, to a fine and an additional fine for every day during which the contravention continues;
o)in section 172, to a fine for every day during which the contravention continues;
p)in section 46, 51, 58, 80, 96, 98, 102, 139, 200(6), 213, 253, 269, 271, 309, 356 or 357, to a fine for every day during which the contravention continues;
q)in section 211(6), 216(5), 252 or 276(5), to a fine for every day during which the contravention continues.

 

2)The Court convicting any company, director, officer or person for failure to perform any act required to be performed by it or by him or under this Act, may, in addition to any Penalty which the court imposes, order such company, director, officer or person to perform such act within such period as the Court may fix.