LAW 602 Lecture Notes - Lecture 4: Chief Financial Officer, Due Diligence, Mens Rea
Document Summary
Organizaion: public body, body corporate, society, company, irm partnership, trade union, municipality, or associaion of persons that is created for common purpose, has operaional structure and holds itself out to public as associaion of persons. Representaive: in respect of organizaion means director, partner employee, member, agent or contractor of organizaion. Senior oicer: a representaive who plays important role in establishment of organizaion"s policies or is responsible for managing important aspect of organizaion"s aciviies and, in case of body corporate includes director, chief execuive oicer, chief inancial oicer. Corporaion may be found guilty of criminal ofence by ideniicaion of corporaion with its direcing mind ; acions of intent of direcing mind, such as board of directors, oicer or manager, are the acions or intent of the corporaion. Criminal code ofences for organizaions placed in party secion of code liability as party to ofence (principal or primary ofender as liable in law as secondary ofender who aids or abets commission of ofence)