THE CUBA REVIEW 19 



corporation shall be civilly responsible to the amount of their capital in shares and 

 another equal sum. 



138. In the event a bank be declared in suspension of payments because it has 

 no funds with which to meet its obligations, and there has been neither malice nor 

 criminal intent, all the directors and managers of the bank shall be criminally responsible 

 for banking fraud due to negligence, in the case of corporations or other mercantile 

 associations, and in private banks, the individuals at the head of the same, or who 

 manage the same, and they shall be punished with major imprisonment in its maximum 

 degree. 



139. In the event that the suspension of payments is due to the criminal intent 

 of said persons, they shall be guilty of intentional bank fraud and shall be punished 

 with the penalty of correctional imprisonment in its maximum degree. 



140. In addition to the criminal responsibility established in the foregoing articles, 

 the private owners of banks, managing partners or silent partners in a banking partner- 

 ship, the President, manager, members of the Board of Directors or employees of 

 the bank, or any person that renders services in the bank, or that is related to the 

 bank, who has taken part in any of the following acts shall be punished by correctional 

 imprisonment in its maximum degree to major imprisonment in its middle degree. 

 in addition to the criminal responsibilities estabhshed in the foregoing sections: 



First: To carry off all or part of the property of the bank or deposits of clients, 

 or securities received in custody or deposit, in commission or administration or to 

 dispose of the same. 



Second: To include in the statement, report, books or other documents relative 

 to the business of the bank or to its affairs, false or supposed properties, credits, 

 debts, losses or expenses. 



Third: To have failed to keep books, or in keeping the same, to have included 

 therein, in detriment to third persons, items not entered in the proper place or at 

 the proper time. 



Fourth: To have erased or scratched out, changed, or in any other way altered 

 the contents of the books in detriment of third persons. 



Fifth: To destroy the books in order to prevent their examination, in detriment 

 to third persons. 



Sixth: That the accounting does not show the existence or disbursement of the 

 assets as of the last inventory and of the money, securities and values of any kind 

 that may appear on the books or which it is shown came into possession of the guilty 

 party afterwards for any reason. 



Seventh: To hide in the statement any amount of money, credits, goods or other 

 class of property in detriment of others. 



Eighth: To have used for his own business the funds or securities of others, 

 either those of the bank or of its clients and which had been placed on deposit with 

 it, or on commission or administration. 



Ninth: To negotiate bills of exchange, promissory notes or other instruments 

 held for collection, remittance or other use different from that of the negotiation, 

 without the authority of the owner thereof, provided he has not remitted the proceeds 

 from the same to the owner. 



Tenth: If being commissioned for the sale of credits or commercial securities or 

 of another class, he should not report said negotiation to the owner thereof in detri- 

 ment to him. 



Eleventh: To simulate alienations of any kind. 



Twelfth: To sign, execute, consent to or acknowledge debts which are not true, 

 and, except when there is evidence to the contrary, all those that have no reason 

 for existing or have no determined value shall be presumed to be such. 



Thirteenth: To make entries or debits or charges on the books of the bank and 

 in the current account and savings account pass books and in any other document, 

 which are fraudulent and in detriment to others or to the bank. 



