Financial Sector Regulation Act, 2017 (Act No. 9 of 2017)

Chapter 17 : Miscellaneous

Part 3 : Offences and penalties

276. Liability in relation to juristic persons

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(1)If—
(a)a financial institution commits an offence in terms of a financial sector law; and
(b)a member of the governing body of the financial institution failed to take all reasonably practicable steps to prevent the commission of the offence,

the member of the governing body commits the like offence, and is liable on conviction to a penalty not exceeding the penalty that may be imposed on the financial institution for the offence.

 

(2)If—
(a)a key person of a financial institution engages in conduct that amounts to a contravention of a financial sector law; and
(b)the financial institution failed to take all reasonably practicable steps to prevent the conduct,

the financial institution must be taken also to have engaged in the conduct.