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      Question

      Under Section 70 of PMLA, when a company commits a

      contravention, which of the following persons shall be deemed to be guilty?
      A Only the company as a separate legal entity, not its directors Correct Answer Incorrect Answer
      B The company as well as every person who at the time of contravention was in charge of and responsible to the company for the conduct of its business Correct Answer Incorrect Answer
      C Only the Managing Director of the company Correct Answer Incorrect Answer
      D Only the Compliance Officer of the company Correct Answer Incorrect Answer
      E The shareholders holding more than 51% of the company's share capital Correct Answer Incorrect Answer

      Solution

      Section 70(1) of PMLA provides that where a person committing a contravention of any provision of the Act or any rule, direction or order made thereunder is a company, every person who at the time of the contravention was in charge of, and was responsible to the company for the conduct of its business as well as the company itself, shall be deemed to be guilty and liable to be proceeded against and punished accordingly. The proviso grants protection if the person proves the contravention took place without his knowledge or that he exercised all due diligence to prevent it. Section 70(2) extends liability to directors, managers, secretaries, or other officers if the contravention was with their consent, connivance, or negligence. 'Company' under this section includes firms or associations of individuals.

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