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Part 7 · Criminal and regulatory offence provisions › Section 331

Criminal provisions

(1) Imprisonment not exceeding five years or a fine is imposed on anyone who 1. conducts primary insurance or reinsurance business, or a Pensionsfonds, without authorisation under section 8(1), section 65(1), first sentence, section 67(1), first sentence, section 168(1), third sentence, or section 236(4), or commences a business operation named there, or 2. commences, extends, or changes a business activity named in section 61(2), second or fifth sentence, (3), or (4), contrary to those provisions, or conducts health insurance.
(2) Imprisonment not exceeding three years or a fine is imposed on anyone who 1. contravenes an enforceable order under section 62(3), second sentence, 2. incorrectly gives a confirmation named in a) section 128(5) or b) section 141(5), first sentence, point 2, first half-sentence, including in conjunction with section 161(1) or section 162, contrary to those provisions, or 3. fails to make a notification under section 311(1), first sentence, including in conjunction with the second sentence, or (2), first sentence, second half-sentence, including in conjunction with the second sentence, or fails to make it correctly or in time, contrary to those provisions.
(2a) Imprisonment not exceeding one year or a fine is imposed on anyone who, as a member of an audit committee of a mutual insurance association established under section 189(3), first sentence, in conjunction with section 107(4), first sentence, of the Stock Corporation Act, which is an undertaking of public interest under section 316a, second sentence, point 3, of the Commercial Code, 1. commits an act named in section 332(4a) and receives, or has promised to him or her, a pecuniary advantage for this, or 2. persistently repeats an act named in section 332(4a).
(2b) The same penalty is imposed on anyone who, as a member of the supervisory board within the meaning of section 189 of a mutual insurance association that is an undertaking of public interest under section 316a, second sentence, point 3, of the Commercial Code, 1. commits an act named in section 332(4b) and receives, or has promised to him or her, a pecuniary advantage for this, or 2. persistently repeats an act named in section 332(4b).
(3) Where the offender acts negligently, the penalty is, in the cases of subsection (1), imprisonment not exceeding three years or a fine, and in the cases of subsection (2), imprisonment not exceeding one year or a fine.

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