2011-08-15 | 24066Added · Updated
This Order prescribes the specific form of notice required under section 122 of the Financial Institutions Act, 2008, for alleged offences. The notice informs the alleged offender that the Central Bank of Trinidad and Tobago has reasonable cause to believe an offence has been committed and outlines the fixed penalty and imprisonment terms. To avoid criminal proceedings, the offender must pay the administrative fine to the Comptroller of Accounts, submit proof of payment, discontinue the offence, and provide proof of discontinuance within twenty-one days of service. Failure to comply within this period results in the Central Bank proceeding to have the complaint heard by the Magistrate’s Court.
LEGAL NOTICE NO. 161 REPUBLIC OF TRINIDAD AND TOBAGO THE FINANCIAL INSTITUTIONS ACT, 2008 ORDER MADE BY THE MINISTER UNDER SECTION 122(7) OF THE FINANCIAL INSTITUTIONS ACT THE FINANCIAL INSTITUTIONS ORDER, 2011
This Order may be cited as the Financial Institutions Order,
In this Order, “the Act” means the Financial Institutions Act,
The form of Notice required to be given pursuant to section 122 of the Act is prescribed in the Schedule to this Order. SCHEDULE NOTICE MADE PURSUANT TO SECTION 122 OF THE FINANCIAL INSTITUTIONS ACT, 2008 (Name and Address of Alleged Offender) TAKE NOTICE that the Central Bank of Trinidad and Tobago has reasonable cause to believe that you have (description of alleged offence) contrary to section (insert section) of the Financial Institutions Act, 2008 (the FIA). Section (insert section) of the FIA provides that a person who commits such an offence is liable on summary conviction to a fine of (insert fine) and imprisonment for a term of (insert term of imprisonment). You are hereby advised that in order to discharge any liability to summary conviction in respect of the offence stated above you must—
Pay the fixed penalty of (insert Fourth Schedule administrative fine) to the Comptroller of Accounts at Treasury Building, Independence Square, Port of Spain; Citation Form of Notice Schedule Interpretation Legal Supplement Part B—Vol. 50, No. 106—15th August, 2011 433
Submit to the Central Bank the certificate of payment received from the Comptroller as proof of payment;
Discontinue the commission of the said offence; and
Provide proof of discontinuance of the said offence, within a period of twenty-one days commencing the day after which this Notice is served. Please note that criminal proceedings shall not be laid against you until the expiration of twenty-one days as set out above. Failure to pay the fixed penalty and to come into compliance within the stipulated time will result in the Central Bank proceeding to have a complaint of the alleged offence heard and determined by the Magistrate’s Court. Date of Issue Central Bank of Trinidad and Tobago Service cc. Comptroller of Accounts. Dated this 12th day of August, 2011. W. DOOKERAN Minister of Finance 434 Financial Institutions Order, 2011 PRINTED BY THE GOVERNMENT PRINTER, PORT-OF-SPAIN REPUBLIC OF TRINIDAD AND TOBAGO—2011