Last Updated: 1 August 2020

[COM 13,785] SCHEDULE 1 (Regulation 3)MAXIMUM PENALTIES

[Sch 1 am Act 16 of 2020 s 4 and Sch, effective 1 August 2020]

ItemSectionMaximum penaltyOffence provision
1.Section 24 Private company — $1,000Failure to pay annual registration fee within 28 days
Public company — $2,000
Manager of managed investment scheme — $2,000
2.Section 26(1) $600Company’s name
3.Section 28(2) $1,000Changing company name — failure to lodge special resolution within 14 days
4.Section 29(2) $1,000Failure to comply with Registrar’s direction
5.Section 30 $600Using a name
6.Section 31(5) $300Power to dispense with “Limited” — failure to notify Registrar
7.Section 32 $6,000Firms and persons to be registered
8.Section 34(2) $300Failure to register subsequent company
9.Section 36 $1,000Failure to register within 28 days after business commences trading under name
10.Section 38 $600Certificate of registration to be displayed
11.Section 39(1) $1,000Failure to notify Registrar within 28 days of change occurring
12.Section 39(4) $1,000Registration of changes
13.Section 46(2) $300Failure to adopt articles of association
14.Section 46(10) $1,000Failure to lodge special resolution adopting, modifying or repealing articles of association within 14 days after special resolution passed
15.Section 49 $300Failure to send copy of articles of association to member
16.Section 50(1) $300Registered office
17.Section 50(2) $1,000Failure to lodge notice of change of address of registered office within 14 days of change
18.Section 50(5) $600Failure to display name prominently
19.Section 50(6) $300Failure to display name and words “registered office”
20.Section 51(2) $1,000Failure to lodge notice of change of principal place of business within 14 days of change
21.Section 57(1) $6,000Foreign company — failure to register within 28 days of establishing place of business
22.Section 59(1) $6,000Foreign company — failure to notify Registrar of changes to company within 56 days of change
23.Section 59(2) $6,000Foreign company — failure to deliver a return in prescribed form to Registrar within 28 days
24.Section 61(1) $6,000Foreign company — failure to lodge copy of financial statements
25.Section 61(3) $6,000Foreign company — failure to prepare and lodge financial statements on time
26.Section 62(1) $6,000Foreign company — failure to lodge written notice within 7 days after ceasing carrying on business in Fiji
27.Section 62(11)(a) $1,000Foreign company — failure to lodge notice of winding up/deregistration and appointment of liquidator
28.Section 62(12) $1,000Failure of liquidator of foreign company to perform functions
29.Section 63(2) $1,000Foreign company — failure to register shares of member
30.Section 63(3) $1,000Foreign company — failure to keep register in same manner as required of a company
31.Section 64 $1,000Foreign company — failure to lodge written notice of location of register within 14 days
32.Section 66 $1,000Foreign company — failure to keep registered office in same manner as required of a company
33.Section 72 $1,000Foreign company — failure to set out required details on all public documents and instruments
34.Section 76(3) $1,000Failure to lodge copy of special resolution within 14 days
35.Section 79(2) $1,000Failure to comply with direction within 2 months
36.Section 81(1) $600Failure to maintain register
37.Section 81(2) $600Failure to include choses in action in register
38.Section 82(1) $300Failure to include members’ information in register of members
39.Section 82(2) $300Failure of company with share capital to include further details in register
40.Section 82(3) $300Failure to indicate member who does not hold share beneficially in register of company
41.Section 82(5) $300Failure to include required information in register of managed investment scheme
42.Section 82(6) $300Failure to include additional required information in register of members
43.Section 83(1) $300Failure to include required information in register of option holders
44.Section 83(2) $300Failure to update register of option holders
45.Section 83(3) $600Failure to enter information on grant of option within 14 days after grant
46.Section 83(4) $300Failure to keep copy of every document granting option with register
47.Section 83(6) $300Failure to change register to reflect transfer of option to company or trustee of managed investment scheme
48.Section 84(1) $300Failure to include required information in register of debenture holders
49.Section 85(1) $600Failure to keep register at appropriate location
50.Section 85(2) $1,000Failure to lodge notice of address where register is kept within 7 days
51.Section 86(1) $600Failure to allow inspection of register
52.Section 86(7) $600Failure to give person copy of register or part thereof within 7 days
53.Section 86(9) $600Failure to give data on computer disk
54.Section 89 $1,000Failure to notify Registrar in prescribed form of any change to particulars in register
55.Section 90 $600Private company — failure to notify Registrar in prescribed form of any change to particulars in register
56.Section 91(1) $300Requirement for at least 3 directors with at least 2 directors ordinarily resident in Fiji
57.Section 91(2) $300Private company — minimum number of directors
58.Section 92(1) $300Requirement for at least one company secretary ordinarily resident in Fiji
59.Section 92(2) $300Private company — minimum number of company secretaries
60.Section 93(2) $1,500Appointment of disqualified person as director or secretary without permission of Registrar or leave of court
61.Section 94(1) $300Motion for appointment of 2 or more persons as directors made without resolution or agreement
62.Section 99(1) $1,500Payment of directors in excess of approved amount
63.Section 100(1) $300Failure to adhere to members’ direction to disclose information of each director’s remuneration
64.Section 101(4) $1,500Unapproved benefit, payment, loan or other benefit of a financial nature
65.Section 103 $200,000Breach of powers
66.Section 104 $200,000Breach of duty to promote success of company
67.Section 105 $200,000Breach of duty to exercise independent judgement
68.Section 106 $200,000Breach of duty to exercise reasonable care, skill and intelligence
69.Section 107 $200,000Breach of duty to avoid conflict of interest
70.Section 108 $200,000Breach of duty not to accept benefits from third parties
71.Section 109 $200,000Breach of duty to declare interest in proposed transaction or arrangement
72.Section 118(1) $1,000Failure to notify Registrar of a change or to lodge document
73.Section 118(2) $300Failure by director of private company to adhere to section 118(1)
74.Section 122(6) $300Failure to sign certificate stating cost of effecting insurance is fair to company
75.Section 123(2) $300Failure by delegate to exercise powers delegated in accordance with any directions of directors
76.Section 125(5) $300Failure by a company to allow a person to exercise right to inspect or take copies of company books
77.Section 129(1) $1,000Failure by a company to notify Registrar of the appointment of a director, alternate director or company secretary within 28 days
78.Section 129(2) Small private company – $1,000Failure by a company to notify Registrar of a change in the details of a director, alternate director or company secretary within 28 days
Listed company – $6,000
Other company – $2,000
79.Section 129(3) $1,000Failure by a company to notify Registrar that a person ceases to be a director, alternate director or company secretary within 28 days
80.Section 130 $600Failure to give company information to comply with section 129 within 7 days
81.Section 131(2) $1,000Failure to provide information to Registrar by date specified
82.Section 132 $1,500Disqualified person not to manage companies
83.Section 139(1) $300Failure to call general meeting upon members’ request
84.Section 139(5) $300Failure to call a meeting within 21 days after request is given to company
85.Section 139(6) $300Failure to hold meeting within 2 months after request is given to company
86.Section 140(2) $300Failure to call meeting within 3 months after request is given
87.Section 140(4) $300Failure to give members the copy of the register without charge
88.Section 142(1) $300Failure to give notice of meeting at least 21 days beforehand
89.Section 142(3) $300Annual general meeting or general meeting cannot be called on short notice
90.Section 143(1) $300Failure to give written notice of meeting to members individually
91.Section 143(2) $300Failure to give notice to joint member named first in register of members
92.Section 144 $300Failure to give auditor notice of general meeting and any other communication relating to general meeting
93.Section 148(2) $300Failure by company to give all members notice of resolution
94.Section 149(6) $300Failure by company to distribute to all members a copy of statement
95.Section 150 $300Meetings must be held for a proper purpose
96.Section 168(2) $300Failure to immediately take poll on election of a chair or question of adjournment
97.Section 170(1) $600Failure to hold an annual general meeting within 18 months after registration
98.Section 170(2) $600Failure to hold an annual general meeting at least once a year and within 6 months after the end of financial year following first annual general meeting
99.Section 171(4) $600Failure to hold annual general meeting within extended period
100.Section 172 $600Failure by company’s auditor to attend annual general meeting
101.Section 173 $300Failure to allow members to ask questions or make comments on company management at annual general meeting
102.Section 174(1) $600Failure to keep minute books
103.Section 174(2) $600Failure to ensure that minutes of meeting are signed
104.Section 174(5) $600Failure to keep minute books at listed places
105.Section 175(1) $300Failure to ensure minute books are open for inspection by members free of charge
106.Section 175(3) $300Failure to send minutes to members within 14 days or longer period approved
107.Section 185(3) $300Failure by company to give written notice to members within 7 days after variation or cancellation of class rights is made
108.Section 189(1) $1,000Failure to lodge notice setting out particulars in prescribed form
109.Section 189(2) $1,000Failure to lodge notice within 14 days after resolution
110.Section 190(5) $1,500Disclosure of information obtained during inspection of books
111.Section 199(4) $1,000Failure to lodge copy of resolution within 14 days
112.Section 204(2) $300Failure to adhere to section 202 or 203
113.Section 205 $1,500Solvency test
114.Section 207 $6,000Failure to pay dividends out of profit
115.Section 210 $1,500Solvency test
116.Section 211(1) $1,000Failure to lodge notice of share issue in prescribed form
117.[Repealed]
118.Section 212 $1,000Failure to lodge notice of share cancellation in prescribed form
119.Section 213(1) $1,500Failure to notify Registrar of substantial interest
120.Section 213(3) $1,000Failure to provide required information within 3 working days upon being aware
121.Section 215 $1,500Solvency test
122.Section 216 $300Failure by an unlimited liability company to get approval by resolution at a general meeting before reducing its share capital
123.Section 218(4) $1,000Failure to lodge copy of any resolution in prescribed form within 14 days
124.Section 218(7) $1,000Failure to lodge notice of meeting and any accompanying document relating to reduction, in prescribed form
125.Section 219(3) $1,500Dishonest involvement
126.Section 222(1) $300Failure to obtain members’ approval of terms of buy-back before entering into resolution
127.Section 222(2) $300Selective buy-back agreement approval
128.Section 222(3) $300Failure to include statement setting out all material information known to company on how to vote on the resolution
129.Section 222(5) $1,000Failure to lodge a copy of the notice of the meeting and any document relating to buy-back before notice is sent to members
130.Section 222(6) $1,000Buy-back under an equal buy-back agreement approval
131.Section 223(2) $300Disposing of shares
132.Section 223(4) $1,000Notice of cancellation of shares to Registrar
133.Section 227 $300Directly acquiring own shares
134.Section 228(1) $300Taking security over own shares
135.Section 228(6) $300Failure of company to cease holding shares or units of shares at the end of specified period
136.Section 230(1) $300Company controlling entity that holds shares in it
137.Section 230(3) $300Voting rights
138.Section 230(4) $20Company controlling entity that holds shares in it fails to release shares at the end of 12 months
139.Section 231(2) $300Failure to adhere to section 227 or 228 if person involved is dishonest
140.Section 232 $300Financial assistance by a company for acquiring shares in the company or a holding company
141.Section 233(2) $300Failure to approve financial assistance by special resolution
142.Section 233(3) $300Approval by a special resolution passed at a general meeting
143.Section 233(4) $300Failure to include statement setting out all material information known to company on how to vote on the resolution
144.Section 233(6) $1,000Failure to lodge copy notice of meeting and accompanying documents
145.Section 233(7) $1,000Failure to lodge resolutions within 14 days
146.Section 235(2) $1,500Failure to adhere to section 232 if person involved is dishonest
147.Section 238(1) $600Numbering of shares to be distinguished by an appropriate number
148.Section 239(1) $600Matters to be specified in share certificate
149.Section 242(1) $600Instrument of transfer
150.Section 245 $600Notice of refusal to register transfer within 60 days
151.Section 248(1) $300Duties of company with respect to issue of certificates
152.Section 250(9) $600Requirement to notify that a person holds shares in a company within 28 days
153.Section 251(1) $600Notices relating to non-beneficial and beneficial ownership of shares
154.Section 251(3) $600Notices relating to non-beneficial and beneficial ownership of shares
155.Section 251(4) $600Notices relating to non-beneficial and beneficial ownership of shares
156.Section 251(5) $600Notices relating to non-beneficial and beneficial ownership of shares
157.Section 251(6) $600Notices relating to non-beneficial and beneficial ownership of shares
158.Section 252(1) $1,500Prohibition on certain acquisitions of relevant interests in voting shares
159.Section 252(3) $1,500Prohibition on certain acquisitions of relevant interests in voting shares – target scheme
160.Section 252(5) $1,500Offers not to be made
161.Section 256(1) $300Registered bidder’s statement
162.Section 256(2) $300Requirement for a bidder’s statement
163.Section 256(3) $300Failure to meet requirements for a prospectus under Part 26
164.Section 257(1) $1,500Failure of target company to send registered target’s statement within 14 days of receipt
165.Section 257(2) $1,500Requirement of target’s statement
166.Section 259(4) $600Statements by experts
167.Section 261(3) $1,500Suspension and cancellation of registration of registered bidder’s statement or registered target’s statement
168.Section 261(8) $1,500Contravention of order
169.Section 262(1) $300Compulsory acquisition of shares or interests following a takeover
170.Section 262(2) $300Compulsory acquisition of shares or interests following a takeover
171.Section 262(3) $300Compulsory acquisition of shares or interests following a takeover
172.Section 262(4) $300Compulsory acquisition of shares or interests following a takeover
173.Section 263(1) $300Compulsory acquisition of shares or interests other than following a takeover
174.Section 263(2) $300Compulsory acquisition of shares or interests other than following a takeover
175.Section 263(3) $300Compulsory acquisition of shares or interests other than following a takeover
176.Section 263(4) $300Compulsory acquisition of shares or interests other than following a takeover
177.Section 264(1) $300Compulsory acquisition of convertible securities
178.Section 264(2) $300Compulsory acquisition of convertible securities
179.Section 264(3) $300Compulsory acquisition of convertible securities
180.Section 264(4) $300Compulsory acquisition of convertible securities
181.Section 265(1) $1,500Minimum cash sum to be offered under section 263
182.Section 265(2)$1,500Minimum cash sum to be offered under section 264
183.Section 268 $30,000Approval of securities exchange or central depository required
184.Section 270(1) $1,000No changes to be made to the securities exchange or central depository rules
185.Section 270(2) $1,000Proposed amendments to the securities exchange or central depository rules must be made to the Reserve Bank for approval
186.Section 270(3) $1,000Changes in securities exchange or central depository rules
187.Section 270(6) $1,000Informing and obtaining prior consent from the Reserve Bank of changes
188.Section 271(1) $1,000Disciplinary actions by the securities exchange
189.Section 272 $1,500Securities industry licences required
190.Section 273(1) $1,000Failure to apply for securities industry licence
191.Section 277 $1,000Obligation by the holder of a securities industry licence to report changes within 14 days
192.Section 280(1) $1,500Transactions in listed securities – what holder of a securities industry licence must not do
193.Section 280(3) $1,500Holder of listed securities must not sell such listed securities
194.Section 280(4) $1,500Transactions in listed securities
195.Section 280(5) $1,500The holder of a securities industry licence must not execute a transaction for his or her own account
196.Section 281 $6,000Prohibition on offers of securities
197.Section 282 $6,000Prohibition on offers of securities by private companies
198.Section 283(1) $1,000Offers to the Public may only be made under a prospectus
199.Section 284 $1,000Minimum content of prospectus
200.Section 286 $1,000Minimum content of offer document
201.Section 288(1) $1,500Failure to hold application money and all other money on trust
202.Section 288(2) $300Failure to return application money
203.Section 288(3) $300Failure to return application money within 7 days of the end of the 3 month period
204.Section 289(1) $300Failure to include disclaimer in prospectus and offer document
205.Section 289(2) $300Failure to include disclaimer in prospectus and offer document
206.Section 289(3) $300Failure to apply within 28 days of issue date of registered prospectus or registered offer document
207.Section 289(4) $300Failure to include disclaimer in prospectus and offer document
208.Section 289(5) $300Failure to include disclaimer in prospectus and offer document
209.Section 289(6) $300Failure to include disclaimer in prospectus and offer document
210.Section 289(7) $300Failure to apply within 28 days of issue date of registered prospectus or registered offer document; failure to include disclaimer in prospectus and offer document
211.Section 297(1) $1,500Trustee
212.Section 291(2) $300Prospectus or offer document must not contain a statement by a person as an expert
213.Section 291(3) $300Requirement that a supplementary statement by an expert appear in a prospectus or offer document
214.Section 294 $1,500Prohibition on issue or offer of debentures
215.Section 295(1) $1,500Requirement for trust deed and trustee before issue or offer of debentures
216.Section 297(2) $1,500No conflict of interest or duty in appointment of trustee
217.Section 302 $300General duties of borrower
218.Section 303 $1,000Duty to notify the Registrar of information related to trustee within 14 days of appointment
219.Section 306 $300Duty to inform trustee about charges within 21 days after it is created
220.Section 307(1) $1,000Duty to give trustee and the Registrar quarterly reports within 28 days after the end of each quarter
221.Section 310 $300General duties of a guarantor
222.Section 311 $300Failure to give trustee written details of charge within 21 days
223.Section 313 $600Breach of trustee’s duties
224.Section 316(1) $300Borrower’s duty to call meeting
225.Section 322(1) $1,000Approval by the Reserve Bank to establish a managed investment scheme
226.Section 324(1) $300Requirement that a managed investment scheme have a manager and trustee
227.Section 324(3) $300Failure to hold register of members for inspection
228.Section 325(1) $300Restrictions as to trustee and manager
229.Section 326(1) $300Nomination of company by trustee
230.Section 327(3) $300Removal of trustee — manager to propose a replacement trustee
231.Section 327(4) $300Removal of trustee — resolution to appoint a replacement trustee
232.Section 328(2) $300Removal of manager — trustee to propose a replacement manager
233.Section 328(3) $300Removal of manager — resolution to appoint a replacement manager
234.Section 329(1) $1,000Requirement that Reserve Bank approve scheme deed
235.Section 330(1) $1,000Failure to lodge copy of scheme deed within 7 days
236.Section 333 $300Payment of subscription monies to trustee by the manager of any managed investment scheme
237.Section 336(1) $300Failure of manager to call general meeting
238.Section 336(2) $300Failure to give notice of meeting
239.Section 336(5) $300General meeting held not in accordance to section 336(5)
240.Section 338 $300Notice of meetings must be given to members of a managed investment scheme at least 21 days beforehand
241.Section 339(1) $300Failure to give written notice of meeting to scheme’s members
242.Section 339(2) $300Failure to notify joint member first appearing in register
243.Section 340 $300Manager of a managed investment scheme must give auditor notice and other communications
244.Section 343(2) $300Notice of resolution must be given by the manager to all its members
245.Section 344(6) $300Failure to distribute copy of statement to all members
246.Section 367(1) $600Failure of manager to keep minute books and record proceedings and resolution within 28 days
247.Section 367(3) $600Failure of manager to keep minute books in listed places
248.Section 368(1) $300Failure of manager to ensure minute books are open for inspection
249.Section 368(3) $300Failure of manager to send copy of minute book within specified period
250.Section 368(4) $300Failure of manager to send copy of minute book within specified period
251.Section 368(5) $300Payment in excess of prescribed amount
252.Section 371(1) Small private
company — $600
Failure to register charge
Company limited by guarantee granted a licence under section 31 — $600
Listed company — $1,500
Other company — $1,000
Foreign company — $1,500
253.Section 372(1) $300Duty of company to register charges existing on property acquired
254.Section 372(2) $1,000Duty of company to register charges existing on property acquired
255.Section 374(1) $1,000Variation of charges
256.Section 375(1) $1,000Satisfaction of and release of property from charges
257.Section 375(2) $1,000Lodging memorandum
258.Section 379(5) $300Failure to keep documents relating to a charge on property of the company
259.Section 379(6) $300Failure to allow creditors or members to inspect register for free
260.Section 379(7) $300Failure to comply with request for copy of register
261.Section 386(1) $1,500Obligation to keep financial records
262.Section 386(2) $1,500Obligation to keep financial records for 7 years
263.Section 386(3) $300Failure to keep financial records at registered office of company or managed investment scheme
264.Section 388(1) $300Requirement that financial statements and a directors’ report be prepared for each financial year
265.Section 388(2) $300Requirement that pro forma financial statements be prepared by all medium private companies
266.Section 388(3) $300Financial statements prepared by small private company
267.Section 390(1) $300Requirement that financial statements be accompanied by directors’ declaration
268.Section 391(1) $6,000Preparation of financial statements to comply with accounting standards
269.Section 391(2) $6,000Preparation of pro forma financial statements to comply with accounting standards
270.Section 392(1) $300Requirement to prepare a directors’ report
271.Section 392(2) $300Requirement that directors’ report contain information that members would require to make an informed assessment
272.Section 392(3) $300Particulars of report
273.Section 392(4) $300Financial statements prepared for consolidated entity
274.Section 393(1) $300Audit of annual financial statements
275.Section 394 $1,500Audit working papers to be retained for 7 years
276.Section 395(1) $600Auditor’s independence declaration
277.Section 396(1) $600Auditor’s report
278.Section 398 $30,000Auditor must report to the Registrar within 28 days
279.Section 399 $600Special provisions on audit of debenture issuers and guarantors
280.Section 400(1) $600Failure to provide annual report to members
281.Section 400(2) $300Failure of public company to provide annual report to members
282.Section 400(3) $300Failure of private company and managed investment scheme to provide annual report to members
283.Section 400(4) $300Failure of small private company to provide financial statements and directors’ report to its members
284.Section 401 $600Consideration of annual reports at annual general meeting
285.Section 402 $1,500Additional reporting by debenture issuers
286.Section 403(1) $6,000Failure to lodge annual report in prescribed form within 4 months of financial year
287.Section 404(1) $600Failure to lodge amended annual report or pro forma financial statement within 14 days of amendment and give copy to any member upon request
288.Section 404(2) $600Failure to inform members of nature of amended annual report or pro forma financial statement
289.Section 405 $1,500Directors and officers of controlled entity to give information when preparing consolidated financial statements
290.Section 407(4) $600Failure to consolidate financial statements by 12 months
291.Section 408(1) $600Failure of director to pass solvency resolution within 2 months after end of financial year
292.Section 409(1) $1,000Failure to notify Registrar of negative solvency resolution
293.Section 409(2) $1,000Failure to notify Registrar of no passing of solvency resolution, in prescribed form within 7 days after end of the 2 month period at end of financial year
294.Section 412(1) $300Insurance to be maintained by auditors and liquidators
295.Section 416(1) $1,000Failure to lodge with Ministry of Justice on occurrence of event within 21 days
296.Section 416(2) $1,000Failure to lodge with Ministry of Justice circumstances of disqualification
297.Section 421(1) $300Failure to appoint auditor within 28 days after day company is registered
298.Section 422(1) $1,500Public company auditor (annual appointments at annual general meetings to fill vacancies)
299.Section 422(2) $300Failure of directors to appoint an auditor to fill vacancy within 28 days after vacancy occurs
300.Section 425(1) $300Failure to obtain auditor’s consent before appointment
301.Section 427(2) $300Failure to give notice of intention to remove auditor at least 2 months before meeting is held
302.Section 427(4) $300Failure to send copy of representations in accordance with auditor’s request
303.Section 430(1) $1,500General requirements for auditor independence
304.Section 430(2) $1,000Failure to notify Ministry of Justice and company or managed investment scheme within 21 days of becoming aware of conflict of interest
305.Section 433 $600Disqualification of liquidator
306.Section 434(1) $300Reports by liquidator
307.Section 437(5) $300Failure to annex copy of order to copy of articles of association
308.Section 437(9) $300Appointment to administer compromise or arrangement
309.Section 438(1) $300Information as to compromise with creditors and members
310.Section 438(2) $300Information as to compromise with creditors and members
311.Section 438(3) $300Information as to compromise with creditors and members
312.Section 439(3) $1,000Failure to lodge copy of order within 14 days of order
313.Section 440(3) $300Power to acquire shares of members dissenting from scheme or contract approved by majority
314.Section 440(7) $300Power to acquire shares of members dissenting from scheme or contract approved by majority
315.Section 440(10) $300Failure of transferee company to send copy of notice to transferor company with instrument of transfer and pay, allot or transfer consideration of shares
316.Section 440(11) $300Failure to register transferee company as holder of shares
317.Section 440(12) $600Failure to pay into separate bank account all sums received, and failure to hold in trust such consideration
318.Section 441 $300Persons not to act as receivers or managers
319.Section 442 $1,500Disqualification of undischarged bankrupt from acting as a receiver or manager
320.Section 447(1) $600Duties in relation to bank accounts and financial records
321.Section 448(1) $1,500Failure to notify appointment of receiver or manager
322.Section 448(2) $1,500Wilful authorisation of default
323.Section 450(1) $300Information where receiver or manager appointed
324.Section 450(2) $300Information where receiver or manager appointed
325.Section 451(1) $300Special provisions as to statement submitted to receiver or manager
326.Section 451(2) $300Requirement that statement be submitted and verified by affidavit
327.Section 452 (a)$1,000Delivery to Registrar of accounts of receivers and managers
328.Section 484 $200,000Penalty for falsification of books
329.Section 485 $200,000Fraud by officers of company which has gone into liquidation
330.Section 486 $200,000Officers of company failing to account for loss of part of company’s property
331.Section 487 $200,000Liability where proper accounts not kept
332.Section 493 $1,000Notice by liquidator of appointment to be made within 14 days
333.Section 496 $600Costs of winding up must be payable out of the assets of the company
334.Section 499 $1,500Corrupt inducement affecting appointment as liquidator
335.Section 501(2) $1,500Failure to notify that a company is in liquidation
336.Section 505 $1,000Information as to pending liquidations to be given to Registrar
337.Section 506(1) $600Failure to pay unclaimed assets to Companies Liquidation Account
338.Section 530 $1,000Failure to forward a copy of order to Registrar
339.Section 534(1) $1,000Failure to submit to Official Receiver the statement of company’s affairs after court orders for winding up or appointment of a provisional liquidator
340.Section 534(2) $600Failure by director or secretary to verify statement
341.Section 534(3) $1,000Failure to submit statement within 14 days
342.Section 539 $1,000Failure to notify Registrar of appointment in prescribed form; failure to give Official Receiver information and access to books and documents
343.Section 545 $300Failure by liquidator to keep records
344.Section 546(1) $1,500Payment by liquidator to Official Receiver for credit of Companies Liquidation Account
345.Section 546(3) $1,500Failure to explain retention to satisfaction of the court
346.Section 546(4) $1,500Payment by liquidator into private bank account
347.Section 547(1) $1,000Failure of liquidator to send to Official Receiver account of receipts and payments
348.Section 547(5) $1,000Failure of liquidator to send copy of account to each creditor and contributory within 30 days of audit
349.Section 574 $1,000Failure to give notice of resolution to wind up voluntarily within 14 days of passing resolution
350.Section 580(1) $300Failure of company to appoint one or more liquidators in general meeting
351.Section 583 $300Duty of liquidator to call creditors’ meeting in case of insolvency
352.Section 584 $600Duty of liquidator to call general meeting at the end of each year
353.Section 585(1) $600Failure of liquidator to make up account of winding up and to call general meeting
354.Section 585(2) $1,000Failure to call meeting by advertisement in Gazette and newspaper and lodge with Registrar at least 30 days prior to meeting
355.Section 585(3) $1,000Failure to lodge a notice in prescribed form within 14 days of meeting
356.Section 585(4) $1,000If quorum not present — failure to lodge a notice in prescribed form within 14 days of meeting
357.Section 585(7) $1,000Failure to deliver to Registrar certified copy of order using prescribed form
358.Section 588(1) $600Meeting of creditors
359.Section 588(2) $1,000Failure to call meeting by advertisement in Gazette and newspaper and lodge with Registrar at least 30 days prior to meeting
360.Section 588(3) $600Failure of directors to provide required information of company at meeting of creditors and to appoint a director to preside at meeting
361.Section 588(4) $600Failure of director to preside at meeting
362.Section 595 $600Failure to call meetings of company and of creditors at the end of each year
363.Section 596(1) $600Final meeting and deregistration
364.Section 596(2) $1,000Failure to advertise meeting and lodge notice in prescribed form at least 30 days prior to meeting
365.Section 596(3) $1,000Failure to lodge notice in prescribed form within 14 days of meeting
366.Section 596(4) $1,000If quorum not present — failure to lodge notice in prescribed form within 14 days of meeting
367.Section 596(7) $1,000Failure to deliver certified copy of order to Registrar in prescribed form within 7 days
368.Section 602(2) $300Failure to give nominee notice of deregistration
369.Section 602(4) $1,000Failure to give information as requested by Registrar on current and former officers of a company
370.Section 605(7) $1,500Failure to keep company’s books for 3 years after deregistration
371.Section 614 $270,000Prohibited conduct by person in possession of inside information
372.Section 633(3) $1,000Failure to comply with court order to give assistance
373.Section 646(8) $1,000Failure to assist
374.Section 648 $270,000Market manipulation
375.Section 649(1) $270,000Creating false or misleading appearance of active trading
376.Section 650(1) $270,000Artificially maintaining trading price
377.Section 651 $270,000Dissemination of information about illegal transactions
378.Section 652 $270,000False or misleading statements
379.Section 653(1) $270,000Inducing persons to deal
380.Section 654(1) $270,000Dishonest conduct
381.Section 655(1) $270,000Misleading or deceptive conduct
382.Section 658 $120,000Offering securities in body that does not exist
383.Section 659(1) $120,000Offering securities without current disclosure document
384.Section 659(2) $120,000Offering securities without current disclosure document
385.Section 660(1) $120,000Misstatement in, or omission from, disclosure document
386.Section 664(1) $1,500Restrictions on advertising and publicity
387.Section 666(2) $120,000Failure to notify securities exchange of information
388.Section 667 $270,000Offering securities in breach of Act
389.Section 668(1) $300Advertising or publication of false or misleading statements
390.Section 668(2) $120,000False or misleading statements
391.Section 668(4) $6,000Failure to take reasonable steps to ensure information given or omission thereof is not false or misleading
392.Section 669(1) $120,000False information
393.Section 669(2) $6,000Failure to take reasonable steps to ensure information given is not false or misleading
394.Section 670 $1,000Obstruction of or hinderance to Registrar
395.Section 682(1) $120,000Victimisation
396.Section 682(2) $120,000Victimisation
397.Section 683(1) $120,000Company, officers, employees and auditors – breach of confidentiality
398.Section 684(1) $1,000Accessorial liability
399.Section 684(2) $270,000Accessorial liability
400.Section 685 $1,000Failure to comply with provision in Part 44
401.Section 717(1) $600Failure to make available for inspection book under Act
402.Section 717(2) $600Failure to keep register open for inspection for same period registered office or company is required to remain open
403.Section 720(1) $1,000Failure to lodge instrument or copy of instrument with any certified translation of the instrument in English at the same time
404.Section 720(2) $300Failure to keep certified translation of instrument in English
405.Section 722(3) $6,000Failure to take reasonable precaution against damage to, destruction or falsification of, books or part of a Book
406.Section 723 $200,000Falsification of books