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mcusack  
#1 Posted : 08 April 2013 11:35:16(UTC)
Rank: New forum user
mcusack

Hi everyone, Just a quick query on criminal liability. In Ireland under Section 80 of the 2005 Act, a Director or officer can be fined if found guilty of an offence. Is there anything to stop their company from paying the fine on their behalf? All comments welcome.
peter gotch  
#2 Posted : 08 April 2013 13:33:06(UTC)
Rank: Super forum user
peter gotch

M The simple answer is No. What neither company nor director/officer can do is insure against a fine. Matter of public policy.
mcusack  
#3 Posted : 08 April 2013 13:59:45(UTC)
Rank: New forum user
mcusack

Hi Peter, Just to clarify the point. Insuring against a fine is not an option but can the organistion pay the fine from their own resources?
kevkel  
#4 Posted : 08 April 2013 15:52:40(UTC)
Rank: Super forum user
kevkel

Probably, in the same way a company can pay parking fines or similar. I cant imagine the court checking to see who signed the cheque. From a legal standpoint they most likely shouldn't as the fine was handed down by the court/HSA to the individual and not the company. Any legal eagles out there?
chris42  
#5 Posted : 08 April 2013 17:25:02(UTC)
Rank: Super forum user
chris42

I wonder what the tax man would think?
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