Criminal provisions

(1) Whoever
1. conducts the business of a capital management company without a licence under section 20(1), first sentence, or
2. conducts the business of an AIF capital management company named there without registration under section 44(1), point 1, is liable to imprisonment not exceeding five years or to a fine.
(2) Whoever, contrary to section 43(1) in conjunction with section 46b(1), first sentence, of the Banking Act, fails to make a notification, or makes it incorrectly, incompletely, or not in good time, is liable to imprisonment not exceeding three years or to a fine.
(3) Where the offender acts negligently in the cases of subsection (1), the penalty is imprisonment not exceeding three years or a fine. Where the offender acts negligently in the cases of subsection (2), the penalty is imprisonment not exceeding one year or a fine.