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disguises or attempts to conceal or disguise any loss which the institution has sustained or
gives any incorrect account thereof, unless he or she satisfies the court that he or she had no
intent to defraud.
(4) Every person shall be guilty of an offence and liable to imprisonment for a period not
exceeding one year who, while being an officer of the troubled financial institution—
(a) causes or knowingly permits an undue preference as defined by the Insolvency Act
[Chapter 6:04] to be given by the institution; or
(b) causes or knowingly permits any debt or debts to the aggregate amount of one
hundred thousand dollars or upwards to be contracted by the institution without any
reasonable expectation that the institution will be able to discharge the same and the
institution thereafter, being still a debtor for the said debt or debts, is subjected to
administration.
(5) Every person shall be guilty of an offence and liable to imprisonment for a period not
exceeding two years who, while being a director, secretary or officer of a troubled financial
institution and at any time during the administration of the institution—
(a) knowing or suspecting that a false debt has been or is about to be proved against the
institution, fails for a period of seven days to inform the administrator thereof in
writing; or
(b) fails to disclose to the administrator to the best of his or her knowledge all the
property of the institution of any kind and the manner in which, the person to whom,
the consideration for which and the time when any part thereof was disposed of
unless he or she satisfies the court that he or she had some lawful excuse for such
failure; or
(c) fails to deliver to the administrator all books, documents, papers and writings in his
or her custody or under his or her control relating to the property or affairs of the
institution, unless he or she satisfies the court that he or she had some lawful excuse
for such failure; or
(d) prevents the production or delivery to the administrator of any books, documents or
papers relating to the property or affairs of the institution.
(6) Every person shall be guilty of an offence and liable to imprisonment for a period not
exceeding one year who, while being a director, secretary or officer of a troubled financial
institution and at any time during the administration of the institution, grants, promises or
offers any consideration in order to induce any person to refrain from the investigation of the
affairs of the institution or from the prosecution on a criminal charge of any officer of the
institution or of any person with whom the institution may have had business relations.
(7) Where a troubled financial institution is under administration, every person shall be
guilty of an offence and liable to imprisonment for a period not exceeding six months who,
while being a director, secretary or officer of the institution and being under examination at a
meeting and being thereto required by the administrator or any creditor or member or their
respective agents, fails to account for or to disclose what has become of any of the property of
the institution which is proved to have been in his or her possession or, to his or her
knowledge, in the possession of the institution so recently before the commencement of the
administration that in the ordinary course he or she ought to be able to account for the same.
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