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In forceAmended2020 Revised Edition
Contents

Part 3 · Returns, Inspections and Investigations, Winding Up and Transfers of Business

105. Responsibilities of officers, member, etc., of licensed insurer

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Amended

Last amended by an amending law of 2019. 3 amendments in all.

(1)

During the period when the Authority or statutory manager is in control of the relevant business of a licensed insurer —

(a)

the General Division of the High Court may, on an application of the Authority or statutory manager, direct any person who has ceased to be or who is still a chief executive, director, member, executive officer, employee, agent, banker, auditor or office‑holder of, or trustee for, the licensed insurer to pay, deliver, convey, surrender or transfer to the Authority or statutory manager, within such period as the General Division of the High Court may specify, any property, book, accounts, record or other documents, whether in electronic, print or other form, of the insurer which is comprised in, forms part of or relates to the relevant business of the insurer, and which is in the person’s possession or control; and

(b)

any person who has ceased to be or who is still a chief executive, director, member, executive officer, employee, agent, banker, auditor or office-holder of, or trustee for, the insurer must give to the Authority or statutory manager such information as the Authority or statutory manager may require for the discharge of its, his or her duties or functions, or the exercise of its, his or her powers, in relation to the licensed insurer, within such time and in such manner as may be specified by the Authority or statutory manager.

(2)

Any person who —

(a)

without reasonable excuse, fails to comply with subsection (1)(b); or

(b)

in purported compliance with subsection (1)(b), knowingly or recklessly provides any information or document that is false or misleading in a material particular,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $125,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $12,500 for every day or part of a day during which the offence continues after conviction.[41C

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