[360] 39
(3) For the purposes of this Regulation, a company formed and registered
under the Companies Act 2014 (No. 38 of 2014) or an existing company within
the meaning of that Act shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body
shall be deemed to be ordinarily resident at its principal office or place of
business.
(4) Where an opinion, finding, statement or decision of a competent authority
is contained in a document which—
(a) purports to have been made by or at the direction of that competent
authority, and
(b) is produced in evidence by an officer of the competent authority or
by an authorised officer in any proceedings,
such document shall be admissible in evidence and shall be evidence of any such
opinion, finding, statement or decision in such proceedings without further
proof.
Offence by body corporate
33. (1) Where an offence under these Regulations is committed by a body
corporate and is proved to have been so committed with the consent or connivance of, or to be attributable to any wilful neglect on the part of, any person,
being a director, manager, secretary or other officer of the body corporate, or a
person who was purporting to act in any such capacity, that person, as well as
the body corporate, is guilty of an offence and is liable to be proceeded against
and punished as if he or she were guilty of the first-mentioned offence.
(2) Where the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection
with his or her functions of management as if he or she were a director or
manager of the body corporate.
Penalties
34. A person guilty of an offence under Regulation 18, 22, 29, 30, 31 or 33
is liable—
(a) on summary conviction, to a class A fine, or
(b) on conviction on indictment, to a fine not exceeding—
(i) in the case of an individual, €50,000, and
(ii) in the case of a person other than an individual, €500,000.
Costs of prosecutions
35. (1) Where a person is convicted of an offence under these Regulations,
the Court shall, unless it is satisfied that there are special and substantial reasons
for not doing so, order the person to pay to the prosecutor a sum equal to the
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