Section 305: Offences by companies and market participants.

(1) Where an offence under this Act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against.
(2) Notwithstanding anything contained in subsection (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of the offence and shall be liable to be proceeded against.
(3) If the Commission is satisfied that a person (corporate or individual):
(a) is engaged or has engaged in any form of market abuse or other violations under this Act; or
(b) by taking or refraining from taking any action, has required or encouraged another person or persons to engage in behaviour which if engaged in by a market participant or company would amount to market abuse or violation under this Act, it may impose on the person a penalty of such amount or of such nature as it considers appropriate;
(c) where the Commission is entitled to impose a penalty on a person, it may impose a penalty on the person, or in addition, publish a statement to the effect that the person has engaged in market abuse or violation under this Act.