Jersey Law 3/1978
DEPOSITORS AND INVESTORS (PREVENTION OF FRAUD) (AMENDMENT No. 4)
(JERSEY) LAW, 1978.
A LAW to
amend further the Depositors and Investors (Prevention of Fraud) (Jersey) Law,
1967, sanctioned by Order of Her Majesty in Council of the
25th day of APRIL, 1978.
(Registered on the 9th day of
STATES OF JERSEY.
The 16th day of
THE STATES, subject to the sanction of
Her Most Excellent Majesty in Council, have adopted the following Law: -
paragraph (1) of Article 4 of the Depositors and Investors (Prevention of
Fraud) (Jersey) Law, 1967 as
amended (hereinafter referred to as “the principal Law”) for the
words “the prescribed fee” there shall be substituted the words
“the sum of one thousand pounds”.
paragraph (2) of the said Article 4, there shall be inserted the following
provisions of Article 25 of the Public Finances (Administration) (Jersey) Law,
1967, shall apply to any variation in the sum mentioned in paragraph (1) of
this Article, as if that sum were a tax or duty.”
For Article 15 of the principal Law, there
shall be substituted the following Article –
an offence under this Law committed by a body corporate is proved to have been
committed with the consent or connivance of, or to be attributable to any
neglect on the part of, any director, manager, secretary, or other similar
officer of the body corporate or any person who was purporting to act in any
such capacity, he, as well as the body corporate, shall be guilty of that
offence and shall be liable to be prosecuted and punished accordingly.
the purposes of this Article, a person shall be deemed to be a director of a
body corporate if he occupies in relation thereto the position of a director,
by whatever name called, or is a person in accordance with whose directions or
instructions the directors of the company or any of them act:
Provided that a person shall not, by reason only that the directors
of a body corporate act on advice given by him in a professional capacity, be
taken to be a person in accordance with whose directions or instructions those
proceedings for an offence under this Law shall be instituted except by or with
the consent of the Attorney General.
any enactment or rule of law to the contrary, proceedings which may be taken
against any person for an offence against this Law may be taken within the
period of a year and a day from the date on which evidence, sufficient in the
opinion of the Attorney General to justify the proceedings, comes to the
knowledge of the Committee or, where the person in question was outside the
Island at that date, within the period of a year and a day from the date on
which he first lands in the Island thereafter, whichever of the said periods
the purposes of paragraph (4) of this Article, a certificate under the hand of
the President of the Committee as to the date on which such evidence as
aforesaid came to the knowledge of the Committee shall be conclusive evidence
Law may be cited as the Depositors and Investors (Prevention of Fraud)
(Amendment No. 4) (Jersey) Law, 1978, and this Law and the Depositors and
Investors (Prevention of Fraud) (Jersey) Laws, 1967 to 1976, may be cited
together as the Depositors and Investors (Prevention of Fraud) (Jersey) Laws,
1967 to 1978.
1 of this Law shall come into force on the first day of February, 1978 and
Articles 2 and 3 forthwith on registration.
Greffier of the States.