Malaysia legislation
Section 43A
Section 43A
Offences by companies, firms, societies or other body of person
(a)
that pawnbroker is a company, any person who at the time of the commission of the offence was a director,
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general manager, manager, secretary or other similar officer of the company, or was purporting to act in any such capacity;
(b)
that pawnbroker is a society, any person who at the time of the commission of the offence was a president, vice-president, secretary, treasurer or other similar officer of the society, or was purporting to act in any such capacity;
(c)
that pawnbroker is a firm or other body of persons, any person who at the time of the commission of the offence was a partner or member or other similar officer of the firm or other body of persons, or was purporting to act in any such capacity, shall be deemed to have committed the offence, unless he proves that the offence was committed without his knowledge, consent or connivance, and that he took reasonable precautions and had exercised due diligence to prevent the commission of the offence.
(2)
The prosecution of any person under subsection (1) for an offence shall not prevent the prosecution of the company, society, firm or other body of persons for that offence.
(3)
Unless expressly provided otherwise, any act or omission by an employee of a pawnbroker shall, for the purpose of any prosecution or proceeding under this Act, be deemed to be the act or omission of the pawnbroker, unless the court is satisfied that the act or omission was committed without the pawnbroker’s knowledge, or that all reasonable steps and precautions had been taken to prevent the commission of such act or omission.
(4)
If any act or omission by an employee of a pawnbroker would have been an offence under this Act if committed by the pawnbroker, that employee of the pawnbroker shall be deemed to have committed the offence.
Service of notification or document