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Financial Services and Markets Act 2000

Section 403: Jurisdiction and procedure in respect of certain offences

714.This section makes provision for the procedures under which offences under the Act may be prosecuted and punished.  It carries forward and has similar effect to the provisions of section 203 of the Financial Services Act 1986.

715.Subsection (1) makes clear that a fine imposed upon a unincorporated association must be paid out of the funds of the association, whilst subsection (2) provides that any proceedings for an offence brought against an unincorporated association must be brought in the name of the association.  Subsections (3) and (4) provide that for the purposes of the service of documents, and of prosecutions, unincorporated associations should be treated in the same way as bodies corporate.  Subsection (5) provides that summary proceedings may be taken against a body corporate or unincorporated association at their place of business, whilst proceedings may be brought against an individual at any place where he is present for the time being.

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