Return of beneficial interest if in form of commission
156 Return of beneficial interest if in form of commission
This section applies if—
a person is convicted of an offence against section 155(2) or (3); and
the court convicting the person is satisfied on the balance of probabilities that the person, in connection with the offence, has recovered or kept from someone (the client) for whom the person performed an activity an amount of commission.
The court must order the person to pay the amount to the client.
The order must be made whether or not a penalty is imposed on the conviction.
The client may file the order in a court having jurisdiction for the recovery of a debt of an equal amount and the order may be enforced as if it were a judgment of that court.
This section does not prevent the client bringing a civil action against the person in relation to the offence.
This Act’s bill:Explanatory memorandumSecond reading speech
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