INTERIM REVISED STATUTES OF ANGUILLA 2000
COMPANIES ACT
SCHEDULE
(Section 271)
OFFENCES AND PENALTIES

COLUMN 1                    COLUMN 2                         COLUMN 3              COLUMN 4         COLUMN 5

Section of Act creating offence / General nature of offence / Penalty (corporate body) / Penalty (individual) / Daily default fine

11(7) / Person carrying on business under misleading name / $25,000 / $25,000, imprisonment for 6 months or both / $50

14(4) / Company using name that has been revoked by the Registrar / $25,000 / $25,000, imprisonment for 6 months or both

15(3) / Failing to state name or registered office in written communication or document issued by a company / $10,000 / $10,000

35(7) / Director authorising, permitting or acquiescing in the issue of shares of an authorised series before filing articles of amendment / $10,000 / $10,000

40(3) / Company making payment to purchase or acquire own shares when insolvent / $25,000 / $25,000, imprisonment for 6 months or both

41(4) / Company making payment to purchase or acquire own shares under section 41(3) when insolvent / $25,000 / $25,000, imprisonment for 6 months or both

42(3) / Company making payment to purchase or redeem redeemable shares when insolvent / $25,000 / $25,000, imprisonment for 6 months or both

45(8) / Company reducing stated capital when insolvent / $25,000 / $25,000, imprisonment for 6 months or both

52(2) / Company declaring or paying a dividend when insolvent / $25,000 / $25,000, imprisonment for 6 months or both

53(4) / Company paying a dividend out of unrealised profits / $25,000 / $25,000,  imprisonment for 6 months or both

54(3) / Provision of illicit financial assistance by company or affiliated company / $25,000 / $25,000, imprisonment for 6 months or both

65(3)* / Individual acting as director when disqualified by Court / $25,000, imprisonment for 1 year or both

76(3) / Company or foreign company failing to notify a change in directors /                      $5,000 / $5,000 / $50

91(6) / Director failing to disclose interest in contract / $10,000 / $10,000

125(8) / Company failing to send notice of meeting of shareholders to consider extraordinary transaction / $10,000 / $10,000

126(4)* / Company failing to keep sufficient accounting records / $25,000 / $25,000, imprisonment for 6 months or both

127(2) / Company failing to keep accounts and returns at registered office / $25,000 / $25,000, imprisonment for 6 months or both

128(5) / Director failing to place financial returns of a public company before an annual meeting of shareholders / $10,000 / $10,000

130(5) / Company failing to keep consolidated financial returns at the registered office / $10,000 / $10,000

131(3) / Company publishing unapproved or unaudited financial statements / $10,000 / $10,000

132(2) / Company failing to send annual financial returns to shareholders. / $10,000 /$10,000

133(5) / Company failing to file financial statements with the Registrar / $5,000 / $5,000 / $50

136(3)* / Person acting as auditor while ineligible for appointment / $25,000, imprisonment for 6 months or both

143(3) / Auditor or former auditor failing to attend meeting of shareholders of a company /  $10,000

144(3) / Company failing to send auditorís comments to shareholders / $10,000 / $10,000

147(4) / Director or officer failing to notify auditor of an error or misstatement in financial statement / $25,000 /$25,000, imprisonment for 6 months or both

149(7) / Company failing to change registered office / $10,000 / $10,000 / $50

149(8)* / Person providing the registered office of a non-domestic company without a relevant licence / $25,000 / $25,000, imprisonment for 6 months or both / $50

150(7) / Company failing to change registered agent / $10,000 / $10,000 / $50

150(8)* / Person acting as registered agent of a non-domestic company without a relevant licence / $25,000 / $25,000, imprisonment for 6 months or both / $50

151(7) / Registered agent failing to file copy of notice of intention to cease to act with Registrar / $10,000 / $10,000 / $50

152(8) / Company failing to keep records / $25,000 / $25,000, imprisonment for 6 months or both

154(3) / Company failing to keep minutes and other records / $25,000 / $25,000, imprisonment for 6 months or both

156(2) / Person failing to take reasonable care of companyís records / $25,000 / $25,000, imprisonment for 6 months or both

157(6) / Person failing to permit access to company records, etc. / $10,000 / $10,000

158(4) / Company failing to file annual return / $5,000 / $5,000 / $50

172(3) / Company failing to maintain a register of charges / $25,000 / $25,000, imprisonment for 6 months or both

179(2)* / Company offering shares to the public before publishing a prospectus / $25,000 /$25,000, imprisonment for 1 year or both

183(2)* / Company failing to issue a new prospectus or give reasonable notice / $25,000 / $25,000, imprisonment for 1 year or both

188(3) / Foreign company carrying on business in Anguilla without being registered as a foreign company / $10,000 / $10,000

190(2) / Foreign company failing to file amended constituting instrument / $5,000 / $5,000

191(3) / Foreign company failing to file annual return / $5,000 / $5,000

192(3)* / Foreign company failing to comply with requirements regarding issuing prospectus and carrying on business in Anguilla / $25,000 / $25,000, imprisonment for 6 months or both

256(5)* / Person failing to comply with an order of the Court / $25,000 / $25,000, imprisonment for 6 months or both / $50

270(1)* / Person making a false or misleading report or return / $25,000, imprisonment for 1 year or both / $25,000

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