Page 443 - IOM Law Society Rules Book
P. 443

146                Financial Services Act 2008                  c.8

               False       40. A person (“A”) who —
               statements
                                  (a) furnishes or sends to the Commission for any purpose
                                      under this Act a document which A knows to be false
                                      or misleading in a material particular; or

                                  (b) recklessly furnishes or sends to the Commission for the
                                      purposes of this Act a document which is false or
                                      misleading in a material particular; or

                                  (c) in furnishing information to the Commission for the
                                      purposes of this Act —

                                       (i) makes a statement which A knows to be false or
                                           misleading in a material particular; or

                                       (ii) recklessly makes a statement which is false or
                                           misleading in a material particular,


                                  is guilty of an offence.



               Offences and  41. (1) A person who is in contravention of section 4 is guilty
               penalties
                           of an offence and is liable —
                                  (a) on summary conviction, to a fine not exceeding £5,000 or
                                      to a term of custody not exceeding 6 months, or to both;

                                  (b) on conviction on information, to a fine or to a term of
                                      custody not exceeding 2 years, or to both.

                                (2) Any person who is in contravention of section 10(7) is
                           guilty of an offence and is liable on summary conviction to a fine
                           not exceeding £5,000 or to a term of custody for a period not
                           exceeding 6 months, or to both.

                                (3) A person guilty of an offence under any of section 36
                           to 39 is liable —

                                  (a) on summary conviction to a fine not exceeding £5,000 or
                                      to custody for a term not exceeding 6 months, or to both;

                                  (b) on conviction on information to a fine or to custody for
                                      a term not exceeding 5 years, or to both.


                                (4) A person guilty of an offence under section 40 or
                           paragraph 1(4) or 3(8) of Schedule 2 is liable —

                                  (a) on summary conviction to a fine not exceeding £5,000
                                      or to custody for a term not exceeding 6 months, or to
                                      both;
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