Singapore legislation

Section 44

of Securities Industry Act

Section 44

Defence to prosecution

(1)

It is a defence to a prosecution for failing to comply with section 42 or 43 if the defendant proves that his failure was due to his not being aware of a fact or occurrence the existence of which was necessary to constitute the offence and that —

(a)

he was not so aware on the date of the summons; or

(b)

he became so aware not less than 14 days before the date of the summons and complied with the relevant section within 14 days after becoming so aware.

(2)

For the purposes of subsection (1), a person shall, in the absence of proof to the contrary, conclusively be presumed to have been aware of a fact or occurrence at a particular time of which an employee or agent of the person, being an employee or agent having duties or acting in relation to his employer’s or principal’s interest or interests in the securities concerned, was aware at that time.

Section 44 — Securities Industry Act | laws.sg