Effective: May 16, 2002
Latest Legislation: House Bill 278 - 124th General Assembly
(A) No officer, director, employee, or agent of a corporation shall, either alone or with another or others, with intent to deceive:
(1) Make, issue, deliver, publish, or send by mail or by any other means of communication any prospectus, report, circular, certificate, statement, balance sheet, exhibit, or document, respecting the shares, assets, liabilities, capital, business, dividends or distributions, earnings, or accounts of a corporation, that is false in any material respect, knowing the statement to be false;
(2) Having charge of any books, minutes, records, or accounts of a corporation, make in them any entry that is false in any material respect, knowing the entry to be false, or remove, erase, alter, or cancel any entry in them, knowing that the entries resulting from them will be false.
(B) Whoever violates this section shall be personally liable, jointly and severally, with all other persons participating with the offender in any act of that type, to any person for any damage actually suffered and proximately resulting from the act.
(C) No action to enforce a liability under this section shall be brought after four years from the time of the act complained of.
(D) Remedies under this section are not exclusive of other remedies at common law or under other statutes.