Sri Lanka Consolidated Acts

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Companies Act (No. 17 of 1982) - Sect 412

Registration on the carrying on of ensuring business

412.
(1) No company, association, or partnership shall carry on the business of banking unless it is registered as a public company under this Act.
(2) No company, association or partnership which is form ed outside Sri Lanka shall carry on the business of banking in Sri Lanka unless
(a) it is formed in pursuance of some written law of the Government of a foreign country, Royal Charter or Letters Patent or is duly incorporated as a banking company outside Sri Lanka, and
(b) has an established place of business in Sri Lanka and has complied with the provisions of Part XIII of this Act.
(3) Where any company, association or partnership carries on the business of banking in contravention of the pro visions of subsection (1) or subsection (2), each of such persons
(a) shall be guilty of an offence and shall be liable to a fine not exceeding live hundred rupees or to imprisonment of either description for a term not exceeding three months or to both such fine and imprisonment; and
(b) shall, without prejudice to the provisions of para - graph (a), be severally liable for the payment of the whole debts of the company, association or partnership of which he is or was a member, and may be sued accordingly without the joinder in the suit of any other member of the company, association or partnership.


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