(1) A corporation is guilty of an offense if:
(a) The conduct constituting the offense is engaged in by an agent of the corporation while acting within the scope of employment and in behalf of the corporation and the offense is a misdemeanor or a violation, or the offense is one defined by a statute that clearly indicates a legislative intent to impose criminal liability on a corporation; or
(b) The conduct constituting the offense consists of an omission to discharge a specific duty of affirmative performance imposed on corporations by law; or
(c) The conduct constituting the offense is engaged in, authorized, solicited, requested, commanded or knowingly tolerated by the board of directors or by a high managerial agent acting within the scope of employment and in behalf of the corporation.
(2) As used in this section:
(a) “Agent” means any director, officer or employee of a corporation, or any other person who is authorized to act in behalf of the corporation.
(b) “High managerial agent” means an officer of a corporation who exercises authority with respect to the formulation of corporate policy or the supervision in a managerial capacity of subordinate employees, or any other agent in a position of comparable authority. [1971 c.743 §16]Section: Previous 161.115 161.120 161.125 161.150 161.155 161.160 161.165 161.170 161.175 161.190 161.195 161.200 161.205 161.209 161.210 Next
Last modified: August 7, 2008