Section 59
of Limited Liability Partnerships Order, 2010
Section 59
(1)
A culpable officer provision shall apply, with the necessary modifications, to a limited liability partnership as if the reference in that provision to a director or a person purporting to act as a director were a reference to a partner, manager or a person purporting to act as a partner or manager, as the case may be, of the partnership.
(2)
A culpable officer provision is a provision in any written law to the effect that where a body corporate, corporation or company is guilty of a particular offence, a director of that body corporate, corporation or company is also guilty of that offence in any one or more of the following circumstances –
(a)
if the offence is proved to have been committed with his authority;
(b)
if the offence is proved to have been committed with his consent or connivance;
(c)
if the offence is proved to be attributable to or to have been facilitated by any neglect on his part;
(d)
if the offence is proved to be attributable to any act or default on his part;
Incorporating amendments until S 1/2016
(Cleancopy) NANI/Amiriah/fiqah/Karimah_as of 24th June2019
40
BLUV as at 14th January 2016
(e)
if he fails to prove that the offence was committed without his consent or connivance, and that he had exercised such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances.
Service of documents on limited liability partnerships under other written laws.