INVESTORS (PREVENTION OF FRAUD) (JERSEY) LAW 1967

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Transcription:

INVESTORS (PREVENTION OF FRAUD) (JERSEY) LAW 1967 Revised Edition Showing the law as at 31 August 2004 This is a revised edition of the law

Investors (Prevention of Fraud) (Jersey) Law 1967 Arrangement INVESTORS (PREVENTION OF FRAUD) (JERSEY) LAW 1967 Arrangement Article 1 Interpretation... 5 2 Fraudulent inducement to invest money... 5 3 Citation... 6 Supporting Documents ENDNOTES 7 Table of Legislation History... 7 Table of Renumbered Provisions... 7 Table of Endnote References... 9 Revised Edition 31 August 2004 Page - 3

Investors (Prevention of Fraud) (Jersey) Law 1967 Article 1 INVESTORS (PREVENTION OF FRAUD) (JERSEY) LAW 1967 A LAW to penalise fraudulent inducements to invest money 1 Commencement [see endnotes] 1 Interpretation 2 (1) In this Law, unless the context otherwise requires securities means (a) (b) (c) shares or debentures, or rights or interests (described whether as units or otherwise) in any shares or debentures; securities of the States or of the Government of the United Kingdom or of Northern Ireland or the Government of any country or territory outside the United Kingdom; or rights (whether actual or contingent) in respect of money lent to, or deposited with, any industrial and provident society or building society, and includes rights or interests (described whether as units or otherwise) which may be acquired under any unit trust scheme under which all property for the time being subject to any trust created in pursuance of the scheme consists of such securities as are mentioned in sub-paragraph (a), (b) or (c) of this definition. (2) References in this Law to any other enactment shall be construed as references to that enactment as or under any subsequent enactment. 2 Fraudulent inducement to invest money Any person who, by any statement, promise or forecast which the person knows to be misleading, false or deceptive, or by any dishonest concealment of material facts, or by the reckless making (dishonestly or otherwise) of any Revised Edition 31 August 2004 Page - 5

Article 3 Investors (Prevention of Fraud) (Jersey) Law 1967 statement, promise or forecast which is misleading, false or deceptive, induces or attempts to induce another person (a) (i) (ii) to lend to the person or to any other person money on terms involving payment of interest or repayment at a premium, or to enter into or offer to enter into any agreement for that purpose; (b) to enter into or offer to enter into (c) (d) (i) (ii) any agreement for, or with a view to, acquiring, disposing of, subscribing or underwriting securities, or any agreement the purpose or pretended purpose of which is to secure a profit to any of the parties from the yield of securities or by reference to fluctuations in the value of securities; to take part or offer to take part in any arrangements with respect to property other than securities, being arrangements the purpose or effect, or pretended purpose or effect, of which is to enable persons taking part in the arrangements (whether by becoming owners of the property or any part of the property or otherwise) to participate in or receive profits or income alleged to arise or to be likely to arise from the acquisition, holding, management or disposal of such property, or sums to be paid or alleged to be likely to be paid out of such profits or income; or to enter into or offer to enter into an agreement the purpose or pretended purpose of which is to secure a profit to any of the parties by reference to fluctuations in the value of any property other than securities, shall be liable to a fine or to imprisonment for a term not exceeding 7 years or to both such fine and such imprisonment: Provided that the provisions of sub-paragraph (a) of this Article shall not apply to any inducement or attempted inducement made to any person whose ordinary business includes the business of banking, or who carries on a business of such other class or description as may be prescribed. 3 Citation This Law may be cited as the Investors (Prevention of Fraud) (Jersey) Law 1967. 3 Page - 6 Revised Edition 31 August 2004

Investors (Prevention of Fraud) (Jersey) Law 1967 Endnotes ENDNOTES Table of Legislation History Legislation Year and Number Commencement (Prevention of Fraud) (Jersey) L.14/1967 14 June 1968 (R&O.5043) Law 1967 L.1/1969 1 February 1969 ) (Jersey) Law 1968 L.3/1971 23 January 1971 No. 2) (Jersey) Law 1970 L.8/1976 2 April 1976 No. 3) (Jersey) Law 1976 No. 4) (Jersey) Law 1978 No. 5) (Jersey) Law 1982 No. 6) (Jersey) Law 1986 (Prevention of Fraud) (Exemption from Registration) (Jersey) Order 1987 L.3/1978 9 June 1978 (Article 1 in force 1 February) L.4/1982 2 April 1982 L.15/1986 18 January 1983 (R&O.7140) R&O.7621 1 February 1987 Finance (Jersey) Law 1990 L.10/1990 31 January 1990 Banking Business (Jersey) 1 October 1991 Law 1991 (R&O.8272) Table of Renumbered Provisions Original Current 2 3 ; L.4/1982 4 ; L.3/1978, L.15/1986, Revised Edition 31 August 2004 Page - 7

Endnotes Investors (Prevention of Fraud) (Jersey) Law 1967 Original Current L.10/1990 5 ; L.1/1969, L.3/1971, L.8/1976 6 7 8 9 ; 9A L.1/1969, L.8/1976 by L.3/1971 10 11 12 2 12A 12B 12C 12D 12E 12F 12G 13 L. 19/1991 14 15 Page - 8 Revised Edition 31 August 2004

Investors (Prevention of Fraud) (Jersey) Law 1967 Endnotes Original Table of Endnote References 16 3 SCHEDULE Current ; L.3/1978, L.4/1982 ; R&O.7621 1 Long title Originally called (Prevention of Fraud) (Jersey) Law 1967; 2 Article 1 definitions building society, the Committee, debentures, enactment, friendly society, industrial and provident society, prescribed, registered, shares, unit trust scheme deleted by ; former definitions friendly society, industrial and provident society substituted 3 Article 3 Revised Edition 31 August 2004 Page - 9