Corporate Accountability Under Section 39 of FCRA Act: Offences Implicate Companies and Responsible Individuals Unless Proven Otherwise
Under Section 39 of the FCRA Act 2010, if a company commits an offence, both the company and any person responsible for its business conduct at the time are deemed guilty and subject to punishment. However, individuals can avoid liability by proving lack of knowledge or due diligence to prevent the offence. Additionally, if the offence results from the consent, connivance, or neglect of any director, manager, secretary, or officer, they too are deemed guilty. A "company" includes any corporate body, firm, or association, and "director" refers to partners or governing body members in such entities.
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