Section 94A

Where any offence against any provision of this Act has been committed by any domestic company or Labuan made available by a

Labuan trust company to act or be appointed as resident secretary of a

*NOTE—Previously “Ten”—see section 36 of the Labuan Companies (Amendment) Act 2022

106 Laws of Malaysia ACT 441

Labuan company, any person who at the time of the commission of the offence was a director or an officer of the Labuan trust company or was purporting to act in any such capacity, or was in any manner or to any extent responsible for the management of any of the affairs of such Labuan trust company, commits an offence under this Act unless he proves that the offence was committed without his consent or connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his function in that capacity and all the circumstances.