C1Part 10Offences
Offences
130C1Misappropriation of a society's property etc
1
A person who, by false representation or deception, and with fraudulent intent, obtains possession of any property of a registered society commits an offence.
2
A person who has any property of a registered society in the person's possession commits an offence if, with fraudulent intent, the person—
a
withholds or misapplies the property, or
b
wilfully applies any part of the property to purposes which are not authorised by the society's rules or which are not in accordance with this Act.
3
A person guilty of an offence under this section is liable on summary conviction—
a
to a fine not exceeding level 2 on the standard scale with costs or expenses,
b
to be ordered to deliver up the property or to repay all moneys improperly applied, and
c
in default of such delivery or repayment or of the payment of any such fine, to be imprisoned for a term not exceeding 3 months.
4
If in proceedings against a person for an offence under this section it is not proved that the person acted with fraudulent intent, the person may be ordered to deliver up any property belonging to the society or to repay any money improperly applied, with costs or expenses.
Pt. 10 modified by 1979 c. 34, s. 28(1) (as substituted (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 15(2) (with Sch. 5))