Section 37
of Limited Liability Partnerships Order, 2010
Section 37
(1)
Where a person has been convicted (whether in Brunei Darussalam or elsewhere) of any offence involving fraud or dishonesty punishable with imprisonment for a term of 3 months or more, he shall be subject to the disqualification provided in subsection (3).
(2)
Where a person is convicted in Brunei Darussalam of –
(a)
any offence in connection with the formation or management of a limited liability partnership; or
(b)
any offence under paragraph 94 of the Fourth Schedule, the court may make a disqualification order in addition to any other sentence imposed.
(3)
A person who is disqualified under subsection (1) or who has had a disqualification order made against him under subsection (2) shall not act as a manager of a limited liability partnership.
(4)
Where a disqualified person –
(a)
has not been sentenced to imprisonment, the disqualification provided in subsection (3) shall take effect upon conviction and shall continue for a period of 5
years or for such shorter period as the court may order under subsection (2);
(b)
has been sentenced to imprisonment, the disqualification provided in subsection (3) shall take effect upon conviction and shall continue for a period of 5
years after his release from prison.
Incorporating amendments until S 1/2016
(Cleancopy) NANI/Amiriah/fiqah/Karimah_as of 24th June2019
27
BLUV as at 14th January 2016
(5)
An application for leave to act as a manager of a limited liability partnership may be made by a person against whom a disqualification order has been made upon that person giving the Minister not less than 14 days notice of his intention to apply for such leave.
(6)
On the hearing of any application under this section, the Minister may be represented by counsel and may oppose the granting of the application.
(7)
A person who contravenes a disqualification order under this section is guilty of an offence and liable on conviction to a fine not exceeding $10,000, imprisonment for a term not exceeding 2 years or both.
(8)
Without prejudice to section 54, the Court of a Magistrate may make a disqualification order under this section.
Disqualification under Chapter 39.