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Companies Act, 1973 (Act No. 61 of 1973)

Chapter VIII: Directors

Indemnity and Relief of and Offences by Directors and Others

250. Falsification of books and records

 

 

1) Any director or officer of a company or any other person who conceals, destroys, mutilates, falsifies or makes any false entry in or, with intent to defraud or deceive, makes any erasure in any book (including any minute book), register, document, financial record or financial statement of any company, irrespective of whether it is or has been kept in electronic format, shall, subject to the provisions of subsection (2), be guilty of an offence.

 

2) It shall be a defence to any charge under subsection (1) of concealing, mutilating, falsifying or making a false entry or erasure in any book, register, document, financial record or financial statement to prove that the accused had no intention either to defraud or to conceal any offence or any conduct which he believed might constitute an offence or render any person liable to any penalty or civil obligation.