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Offences for failure to comply with statutory duties by guaranto...
Offences for failure to comply with statutory duties by guarantor
Written by
Cassie Collier
Criminal Defence Lawyer
What the Law states - Offences for failure to comply with statutory duties by guarantor
CORPORATIONS ACT 2001 - SECT 283CE
Offences for failure to comply with statutory dutiesThe guarantor commits an offence if it intentionally or recklessly contravenes paragraph 283CB(b) or section 283CC.
Maximum Penalty in Victoria
25 penalty units or 6 months imprisonment or both.
What the Prosecution must prove - Offences for failure to comply with statutory duties by guarantor - Vic
The guarantor intentionally or recklessly breached its duty to
- conduct its business in a proper and efficient manner;
- make all of its financial and other records available for inspection; or
- inform the trustee about any charge.
Possible Defences - Offences for failure to comply with statutory duties by guarantor
1. Factual dispute.
2. No intent
Which court will hear the charge of Offences for failure to comply with statutory duties by guarantor
Magistrates Court
