234. Offences by officers of companies in judicial management or in liquidation

does not to the best of his or her knowledge and belief fully and truly disclose to the judicial manager or liquidator all the property movable and immovable of the company, and how and to whom and for what consideration and when the company disposed of any part of such property, except such part as has been disposed of in the ordinary way of the business of the company;

does not deliver up to the judicial manager or liquidator, or as the judicial manager or liquidator directs —

all the movable and immovable property of the company in the person’s custody or under the person’s control and which the person is required by law to deliver up; or

all books and papers in the person’s custody or under the person’s control belonging to the company and which the person is required by law to deliver up;

within 12 months immediately before the commencement of the judicial management or winding up or at any time thereafter —

has concealed any part of the property of the company to the prescribed value or more, or has concealed any debt due to or from the company;

has fraudulently removed any part of the property of the company to the prescribed value or more;

has concealed, destroyed, mutilated or falsified, or has been privy to the concealment, destruction, mutilation or falsification of, any book or paper affecting or relating to the property or affairs of the company;

has made or has been privy to the making of any false entry in any book or paper affecting or relating to the property or affairs of the company;

has fraudulently parted with, altered or made any omission in, or has been privy to the fraudulent parting with, altering or making any omission in, any document affecting or relating to the property or affairs of the company;

by any false representation or other fraud, has obtained any property for or on behalf of the company on credit which the company has not subsequently paid for;

has obtained on credit, for or on behalf of the company, under the false pretence that the company is carrying on its business, any property which the company has not subsequently paid for; or

has pawned, pledged or disposed of any property of the company which has been obtained on credit and has not been paid for, unless such pawning, pledging or disposing was in the ordinary way of the business of the company;

makes any material omission in any statement relating to the affairs of the company;

knowing or believing that a false debt has been proved by any person fails to inform the judicial manager or liquidator of the false debt within one month after coming to such knowledge or belief;

prevents the production of any book or paper affecting or relating to the property or affairs of the company;

within 12 months immediately before the commencement of the judicial management or winding up or at any time thereafter, has attempted to account for any part of the property of the company by fictitious losses or expenses; or

within 12 months immediately before the commencement of the judicial management or winding up or at any time thereafter, has been guilty of any false representation or other fraud for the purpose of obtaining the consent of the creditors of the company or any of them to an agreement with reference to the affairs of the company, to the judicial management or to the winding up,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years.

to a charge under subsection (1)(a), (b) or (d) or subsection (1)(c)(i), (vii) or (viii) if the accused proves that he or she had no intent to defraud; and

to a charge under subsection (1)(c)(iii) or (iv) or (f) if the accused proves that he or she had no intent to conceal the state of affairs of the company or to defeat the law.