Page:United States Statutes at Large Volume 76A.djvu/530

–434– -434§ 757. Acceptance of deposits when bank insolvent Whoever, being an officer, agent, or employee of a bank, or an individual banker or agent or employee thereof, receives a deposit, knowing that the bank, association, or banker is insolvent, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both, § 758. Frauds in books, papers or securities Whoever: (1) being a director, officer, or agent of a corporation or joint stock association, knovs^ingly receives or possesses himself of any property of the corporation or association otherwise than in payment of a just demand, and, with intent to defraud, omits to make, or to cause or direct to be made, a full and true entry thereof in the books or accounts of the corporation or association; or (2) being a director, officer, agent, or shareholder of a corporation or joint stock association, with intent to defraud: (A) destroys, alters, mutilates or falsifies any of the books, papers, writings or securities belonging to the corporation or association; or (B) makes, or concurs in making, false entries, or omits, or concurs in omitting, to make a material entry, in a book of accounts or other record or document kept by the corporation or association— shall be fined not more than $500 or imprisoned in the penitentiary not more than 10 years, or both. § 759. False reports or statements; refusal to keep books or post notices Whoever, being a director, officer or agent of a corporation or joint stock association, knowingly concurs in making, publishing or posting a written report, exhibit or statement of its affairs or pecuniary condition, or book or notice containing a material statement which is false, or refuses to make an entry in a book or post a notice required by law, other than such as are mentioned in this chapter, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both. § 760. Refusal to permit inspection of books by stockholders Whoever, being an officer or agent of a corporation and having or keeping an office within the Canal Zone, has in his custody or control a book, paper or document of the corporation, and refuses, upon lawful demand, during office hours, of a stockholder or member of the corporation to inspect or take a copy of the book, paper or document, to give him a reasonable opportunity to do so, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both. § 761. Presumption of director's knowledge as to illegality of act Every director of a corporation or joint stock association is deemed to possess such a knowledge of the affairs of the corporation as to enable him to determine whether an act, proceeding or omission of the directors is a violation of this chapter. § 762. Status as foreign corporation as a defense I t is not a defense to a prosecution for a violation of this chapter that the corporation was one created by the laws of a State, government or country, if it was one carrying on business or keeping an office therefor within the Canal Zone.

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