Page:Limited Partnerships Act 2008.pdf/27

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28
NO. 37 OF 2008


(2) Any person who knowingly holds out that a business is registered as a limited partnership under this Act shall, where he knows or ought to have known that at the material time the business was not registered as a limited partnership under this Act, be guilty of an offence.

(3) A person shall be liable on conviction of an offence under subsection (1) or (2) to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.

Evidence of carrying on business under name of limited partnership

34. If, in any proceedings for an offence under this Act—

(a) proof is given that the name of a limited partnership has been displayed in any premises; and
(b) evidence is given from which the court may infer that the name of a limited partnership has reference to any business carried on at the premises,

the person carrying on the business shall, in the absence of proof to the contrary, be presumed to be carrying on the business under that name.

Composition of offences

35.—(1) The Registrar may, in his discretion, compound any offence under this Act which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding—

(a) one half of the amount of the maximum fine that is prescribed for the offence; or
(b) $5,000,

whichever is the lower.

(2) On the payment of such sum of money, no further proceedings shall be taken against that person in respect of the offence.

(3) All sums collected under this section shall be paid to the Authority.

Public servants

36. All officers and inspectors appointed under this Act shall be deemed to be public servants for the purposes of the Penal Code (Cap. 224).