Section 313 CAMA 2020
Section 313 Companies and Allied Matters Act is about Prohibition of secret benefits. It is under Chapter 11 (Directors) of the Act.
(1) A director shall not accept a bribe, a gift, or commission either in cash or kind from any person or a share in the profit of that person in respect of any transaction involving his company in order to introduce his company to deal with such a person.
(2) If a director contravenes the provisions of subsection (1), he commits a breach of duty and the company shall recover from the director the actual gift and sue him and the other person for damages sustained without any deduction in respect of what the director has returned.
(3) Where the gift is made after the transaction has been completed in a form of unsolicited gift as a sign of gratitude, the director may be allowed to keep the gift, provided he declares it before the board and that fact shall also appear in the minutes book of the directors.
(4) In all cases concerning secret benefits, the plea that the company benefited or that the gift was accepted in good faith is not a defence.
