Tuesday, March 24, 2009

Fraud offences under the Companies Act

Besides the Penal Code, the Companies Act also lists offences relating to fraud.

Some of the more common offences include -

  • accounting offences - A person failing to comply with the rules relating to company accounts found in sections 199 to 203 commit an offence under section 204. This was the provision under which former Haw Par director Richard Charles Tarling was imprisoned.
  • falsification of books - a person falsifying company books or documents with intent to defraud commits an offence under section 338 and is subject to a possible jail and fine.
  • fraudulent trading - if a company is run with the intention of defrauding creditors of the company or any other person, or for any fraudulent purpose, then an offence under section 340 is committed. There is both civil and criminal liability for such offences.

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