Section 114
of Criminal Asset Recovery Order, 2012
Section 114
(1)
Where an authorised officer has reason to believe that any business –
(a)
is being carried on by or on behalf of any person against whom prosecution for a money laundering offence or a serious offence is intended to be commenced;
(b)
is being carried on by or on behalf of a relative or an associate of such person;
(c)
is a business in which such person, or a relative or associate of his has an interest which amounts to or carries a right to not less than 30 per centum of the entire business; or
(d)
is a business over which such person or his relative or associate has management or effective control, either individually or together, the authorised officer may with the consent of the Public Prosecutor seize the business in the manner provided under this Part or by an order in writing –
(i)
direct the extent and manner in which the business may be carried on;
(ii)
specify any person to supervise, direct or control the business including its accounts, or to carry on the business or such part of it as may be specified;
(iii)
direct that all or any proportions of the proceeds or profits of the business be paid to the Fund and retained there pending further directions in respect of it by the authorised officer;
(iv)
prohibit any director, officer or employee or any other person from being in any manner involved in the business with effect from the date of the letter of prohibition; or
(vi)
direct that the premises where the business was carried on to be closed and if necessary or expedient, placed under guard or custody.
Incorporating amendments until S 22/2017
(Cleancopy) NHN/Amiriah/Bb/Karimah as of 26.12.2019
*Note: amendment on page 7,75,81,123 on 11.01.2020
111
BLUV as at 11th March 2017
(2)
Where an order is made by an authorised officer under subsection (1), it may include in the order, or may subsequently give any further direction orally or in writing of an ancillary or consequential nature or which may be necessary, for giving effect to, or for the carrying out the order.