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Financial Institutions (Protection of Funds) Act, 2001 (Act No. 28 of 2001)

Chapter 2 : Enforcement

10. Offences

 

(1) A person who contravenes or fails to comply with any provision of Chapter 1 is guilty of an offence and on conviction liable to a fine not exceeding R10 million or to imprisonment for a period not exceeding 10 years, or to both such fine and such imprisonment.

[Subsection 1 amended by section 174 of Act No. 45 of 2013]

 

(2) A court may, in addition to any penalty it may impose in terms of subsection (1), order that such person—
(a) pay the institution or principal concerned any profit he or she made; and
(b) compensate the institution or principal concerned for any damage suffered, as a result of the contravention or failure.

 

(3) A court may, in addition to any penalty imposed in terms of subsection (1) and an order made in terms of subsection (2), order that such person may not serve as a director, member, partner or manager of any financial institution for such period as the court may deem fit.