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Deposit Takers Act 2023

Enforcement - Miscellaneous - Attribution of liability

184: Conduct of directors, employees, or agents attributed to body corporate or other principal

You could also call this:

"What company staff do can be seen as the company's actions too"

Illustration for Deposit Takers Act 2023

When you are part of a company, your actions can affect the company. If you are a director, employee, or agent of a company, and you do something within your job, it is like the company did it too. This is because the company is responsible for what you do when you are acting on their behalf.

If someone else does something for a company, and a director, employee, or agent of the company told them to do it, then it is like the company did it too. You can find more information about this by looking at the link to the 1986 Act. This rule also applies to people who are not companies, and what their employees or agents do can affect them too.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS497557.

Topics:
Business > Industry rulesMoney and consumer rights > Banking and loans
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183: State of mind of directors, employees, or agents attributed to body corporate or other principal, or

"What a company was thinking when it did something wrong can be figured out by looking at what its staff were thinking"

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185: General defence for offences, or

"You can defend yourself if you broke a rule by accident or because someone else caused the problem."

Part 5Enforcement
Miscellaneous: Attribution of liability

184Conduct of directors, employees, or agents attributed to body corporate or other principal

  1. Conduct engaged in on behalf of a body corporate by any of the following must be treated, for the purposes of this Act, as having been engaged in also by the body corporate:

  2. a director, an employee, or an agent of the body corporate, acting within the scope of their actual or apparent authority:
    1. any other person at the direction or with the consent or agreement (whether express or implied) of a director, an employee, or an agent of the body corporate, given within the scope of the actual or apparent authority of the director, employee, or agent.

      1. Conduct engaged in on behalf of a person other than a body corporate (A) by any of the following must be treated, for the purposes of this Act, as having been engaged in also by A:

      2. an employee or agent of A acting within the scope of their actual or apparent authority:
        1. any other person at the direction or with the consent or agreement (whether express or implied) either of A or of an employee or agent of A, given within the scope of the actual or apparent authority of the employee or agent.

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