8D. Destruction, mutilation, etc., of company documents

Question 1

8D. Destruction, mutilation, etc., of company documents

Answer 1

General overview
[8D.01] This section imposes criminal sanctions on an “officer of a corporation” for the destruction, mutilation, falsifying and alteration of documents relating to the affairs of the corporation. More importantly, it extends the definition of an “officer of a corporation” to include a person who “has, or had, a financial or other interest in the affairs of the corporation”. Quite clearly, this may include banks and other creditors or suppliers, customers, financial advisors, or auditors who may be privy to such documents and who infringe this section.

Question 2

Destruction, mutilation, etc., of company documents

- fine not exceeding $10k or to imprisonment for not exceeding 2 yrs or both.

Answer 2

[8D.02] Any destruction, mutilation, or falsification of documents relating to the affairs of a corporation and any person who fraudulently either parts with, alters or makes an omission in any such document or who is privy to such acts is guilty of an offence. If convicted, he shall be liable to a fine not exceeding $10,000 or to imprisonment for a term not exceeding two years or both.