ACT 125
COMPANIES ACT 1965 (REVISED - 1973)
PART XII - GENERAL
DIVISION 2 - OFFENCES

 
Section 370. Default penalties.
 
Section 370. Default penalties. (COMPANIES ACT 1965 (REVISED - 1973) - ACT 125) (1) Where in, or at the foot of, any section or part of a section of this Act there appears the expression "Default penalty" it shall indicate that any person who is convicted of an offence against this Act in relation to that section or part shall be guilty of a further offence against this Act if the offence continues after he is so convicted and liable to an additional penalty for each day during which the offence so continues of not more than the amount expressed in the section or part as the amount of the default penalty or, if an amount is not so expressed, of not more than two hundred ringgit.

(2) Where any offence is committed by a person by reason of his failure to comply with any provision of this Act by or under which he is required or directed to do anything within a particular period, that offence, for the purposes of subsection (1) shall be deemed to continue so long as the thing so required or directed to be done by him remains undone, notwithstanding that the period has elapsed.

(3) For the purposes of any provision of this Act which provides that an officer of a company or corporation who is in default is guilty of an offence against this Act or is liable to a penalty or punishment the phrase "officer who is in default" or any like phrase means any officer of the company or corporation who knowingly and wilfully—

    (a) is guilty of the offence; or

    (b) authorizes or permits the commission of the offence.