Existing member q st dating gibraltar

Existing member q st dating gibraltar

Offences relating to section 468.469.(1) A person who acts, or incites, causes or procures any person to act, in contravention of section 468, is guilty of an offence and shall be liable on summary conviction to imprisonment for 6 months and to a fine at level 4 on the standard scale, and in the case of a second or subsequent offence to imprisonment for 12 months and to a fine at level 5 on the standard scale.(2) Where a person convicted of an offence against section 468 is a company (whether a company within the meaning of this Act or not), every director and every officer concerned in the management of the company is guilty of the like offence unless he proves that the act constituting the offence took place without his knowledge or consent.(3) Where any person is convicted of having made an offer in contravention of the provisions of section 468, the court before which he is convicted may order that any contract made as a result of the offer shall be void, and where it makes any such order, may give such consequential directions as it thinks proper for the repayment of any money or the retransfer of any shares.Miscellaneous offences Penalty for false statement.470.(1) Subject to subsections (2) and (3), a person who in any return, report, certificate, balance sheet or other document, required by or for the purpose of any of the provisions of this Act specified in Schedule 27 knowingly makes a statement false in any material particular, knowing it to be false, is guilty of an offence, and is liable on summary conviction to imprisonment for 4 months, and to a fine in lieu of or in addition to the period of imprisonment.(2) A fine imposed on summary conviction shall not exceed level 3 on the standard scale.(3) Nothing in this section affects the provisions of Part 18 of the Crimes Act. If any person or persons trade or carry on business under any name or title of which “Limited”, or any contraction or imitation of that word, is the last word and that person or those persons are not duly incorporated with limited liability, he or they shall be guilty of an offence and liable on summary conviction to a fine of one half of the amount at level 1 on the standard scale for every day upon which that name or title has been used.References to electronic means have a corresponding meaning.(5) A document or information authorised or required to be sent or supplied in electronic form must be sent or supplied in a form, and by a means, that the sender or supplier reasonably considers will enable the recipient–(a) to read it; and(b) to retain a copy of it.(6) For the purposes of this section, a document or information can be read only if–(a) it can be read with the naked eye; or(b) to the extent that it consists of images (for example photographs, pictures, maps, plans or drawings), it can be seen with the naked eye.(7) The provisions of this section apply whether the provision of this Act in question uses the words “sent” or “supplied” or uses other words (such as “deliver”, “provide”, “produce” or, in the case of a notice, “give”) to refer to the sending or supplying of a document or information. Notwithstanding anything to the contrary in this Act contained, the capital of a company may be expressed in a currency other than sterling.European Union Law.487.(1) The Minister may make regulations to give effect in Gibraltar to the law of the European Union relating to any of the matters contained in this Act, or having as its intention the regulation of companies and their affairs.(2) Regulations made under this section may make provision for the repeal or modification of any provision of this Act where such a provision is–(a) in conflict with;(b) made unclear by; or(c) rendered unnecessary by, a regulation made under this Act.Penalty for non-compliance.463.(1) If a company fails to comply with section 461(1) or 462(1) or (2) within the period allowed for compliance, it, and every person who immediately before the end of that period was a director of it, is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale and, for continued contravention, to a daily default fine not exceeding level 1 on the standard scale.(2) If a liquidator fails to comply with section 461(2) or (3) within the period allowed for compliance, he is guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale and, for continued contravention, to a daily default fine not exceeding level 1 on the standard scale.(3) It is a defence for a person charged with an offence under this section to prove that he took all reasonable steps for securing compliance with the requirements concerned.Disclosure of branches.464.(1) A director’s report prepared in accordance with section 249 shall contain an indication of the existence of branches of the company outside Gibraltar.(2) Subsection (1) shall not apply in relation to an unlimited company.

Requirement of authentication.484.(1) This section applies in relation to the authentication of a document or information sent or supplied by a person to a company.(2) A document or information sent or supplied in hard copy form is sufficiently authenticated if it is signed by the person sending or supplying it.(3) A document or information sent or supplied in electronic form is sufficiently authenticated–(a) if the identity of the sender is confirmed in a manner specified by the company; or(b) where no such manner has been specified by the company, if the communication contains or is accompanied by a statement of the identity of the sender and the company has no reason to doubt the truth of that statement.(4) Where a document or information is sent or supplied by one person on behalf of another, nothing in this section affects any provision of the company’s articles under which the company may require reasonable evidence of the authority of the former to act on behalf of the latter.Power of court to grant relief in certain cases.477.(1) If, in any proceedings for negligence, default, breach of duty or breach of trust against a person to whom this section applies it appears to the court hearing the case that that person is or may be liable in respect of the negligence, default, breach of duty or breach of trust, but that he has acted honestly and reasonably, and that, having regard to all circumstances of the case, including those connected with his appointment, he ought fairly to be excused for the negligence, default, breach of duty or breach of trust, that court may relieve him, either wholly or partly, from his liability on such terms as the court thinks fit.(2) The persons to whom this section applies are persons acting in a particular capacity in relation to a company, namely–(a) the directors of a company;(b) the managers of a company;(c) the officers of a company; and(d) persons employed by a company as auditors, whether they are or are not officers of the company.(3) Where any person to whom this section applies has reason to apprehend that any claim will or might be made against him in respect of any negligence, default, breach of duty or breach of trust, he may apply to the Court for relief, and the Court on any such application shall have the same power to relieve him as under this section it would have had if it had been a court before which proceedings had been brought against that person for negligence, default, breach of duty or breach of trust.(4) Where any case to which subsection (1) applies is being tried by a judge with a jury, the judge, after hearing the evidence, may, if he is satisfied that the defendant ought in pursuance of that subsection to be relieved either in whole or in part from the liability sought to be enforced against him, withdraw the case in whole or in part from the jury and forthwith direct judgment to be entered for the defendant on such terms as to costs or otherwise as the judge may think proper. Orders made by the Court under this Act may be enforced in the same manner as orders made in an action pending in the Court. Any approval, sanction or licence, or revocation of licence, which under this Act may be given or made by the Minister or any other act or thing required or authorised by this Act to be done by the Minister may be given, made or done by the Financial Secretary or any other person authorised on that behalf by the Minister.Orders and certificates of the Minister or the Financial Secretary to be evidence.480.Change in registration regime: further transitional provisions.455.(1) This section applies where a company which becomes a company to which Part XII applies was, immediately before becoming such a company (referred to in this section as the relevant time), a company to which Part XIV applies.(2) The company shall not be required to deliver the documents mentioned in section 432(a) to the Registrar if at the relevant time–(a) it had a branch in Gibraltar;(b) the documents mentioned in section 450 were included in the material registered in respect of the branch; and(c) it had no outstanding obligation to make a return to the Registrar under section 451 so far as concerns any alteration in any of the documents mentioned in sub-section (1)(a) of that section, and if it states in the return that the documents have previously been filed in respect of a branch of the company, giving the branch’s registered number.(3) The company need not include the particulars mentioned in section 432(b) in the return to be delivered under that section to the Registrar if at the relevant time–(a) it had a branch in Gibraltar;(b) it had complied with its obligations under section 445(1)(a) in respect of the branch, so far as the particulars required by section 446(1)(d) are concerned; and(c) it had no outstanding obligation to make a return to the Registrar under section 451, so far as concerns any alteration in any of the particulars required by section 446(1)(d), and if it states in the return that the particulars have been previously filed in respect of a branch of the company, giving the branch’s registered number.(4) Where subsection (3) applies, the reference in section 433(b) to the list of the directors shall be construed as a reference to the list contained in the return under section 445(1) with any alterations in respect of which a return under section 451(1) has been made. 456.(1) Every company to which Part XIV applies shall, in the case of each branch of the company registered under section 445, cause the following particulars to be stated in legible characters in all letter paper and order forms used in carrying on the business of the branch–(a) the place of registration of the branch; and(b) the registered number of the branch.(2) Every company to which Part XIV applies, which is not incorporated in a member State and which is required by the law of the country in which it is incorporated to be registered under section 445, shall, in the case of each branch of the company, cause the following particulars to be stated in legible characters in all letter paper and order forms used in carrying on the business of the branch–(a) the identity of the registry in which the company is registered in its country of incorporation; and(b) the number with which it is registered.(3) Every company to which Part XIV applies and which is not incorporated in a member State shall, in the case of each branch of the company registered under section 445, cause the following particulars to be stated in legible characters in all letter paper and order forms used in carrying on the business of the branch–(a) the legal form of the company;(b) the location of its head office; and(c) if applicable, the fact that it is being wound up.Service of documents: companies to which Part XIV applies.457.(1) This section applies to any company to which Part XIV applies.(2) Any process or notice required to be served on a company to which this section applies in respect of the carrying on of the business of a branch registered by it under section 445 is sufficiently served if–(a) addressed to any person whose name has, in respect of the branch, been delivered to the Registrar as a person falling within section 447(e); and(b) left at or sent by post to the address for that person which has been so delivered.(3) Where–(a) a company to which this section applies makes default, in respect of a branch, in delivering to the Registrar the particulars mentioned in section 447(e); or(b) all the persons whose names have, in respect of a branch, been delivered to the Registrar under section 445 as persons falling within section 447(e) are dead or have ceased to reside in Gibraltar, or refuse to accept service on the company’s behalf, or for any reason cannot be served, a document may be served on the company in respect of the carrying on of the business of the branch by leaving it at, or sending it by post to, any place of business established by the company in Gibraltar.(4) Where a company to which this section applies has more than one branch in Gibraltar, any notice or process required to be served on the company which is not required to be served in respect of the carrying on of the business of one branch rather than another shall be treated for the purposes of this section as required to be served in respect of the carrying on of the business of each of its branches.

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(a) whether it is intended to register documents under section 446(2) or, as the case may be, paragraph 9(1) of Schedule 26 in respect of the branch or in respect of some other branch in Gibraltar or the United Kingdom; and(b) if it is, where that other branch is registered and what is its registered number. The documents first referred to in section 445(2) are–(a) a certified copy of the charter, statutes or memorandum and articles of the company (or other instrument constituting or defining the company’s constitution); and(b) if any of the documents mentioned in subparagraph (a) is not written in English, a translation of it into English certified in accordance with rule 5 of the Companies Rules to be a correct translation.

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