171. Enforceable agreements

(1) The Registrar of Companies may accept a written undertaking given by a Person if the Registrar considers that accepting the undertaking is necessary or desirable in the pursuit of the Registrar’s Objectives.

(2) The Person may withdraw or vary the undertaking at any time, but only with the consent of the Registrar of Companies.

(3) If the Registrar of Companies considers that the Person who gave the undertaking has Breached or is Breaching any of its terms, the Registrar may apply to the Court for an order under subsection (4).

(3-1) The Registrar of Companies may, if it considers it appropriate, publish the terms of any undertaking given by a Person under this section.

(4) If the Court is satisfied that the Person has Breached or is Breaching a term of the undertaking, the Court may make 1 or more of the following orders:

• (a) an order directing the Person to comply with that term;
• (b) an order directing the Person to pay to any other Person or to the Registrar an amount up to the amount of any profit, gain or benefit that the Person has obtained directly or indirectly and that is reasonably attributable to the Breach;
• (c) any order that the Court considers appropriate directing the Person to compensate any other Person who has suffered loss or damage because of the Breach;
• (d) any other order the Court considers appropriate.

172. Administrative censures

(1) The Registrar of Companies may censure a Person if the Person Contravenes these Regulations or Contravenes any Guidance.

(2) In deciding whether to censure a Person under subsection (1), the Registrar of Companies must comply with the Decision-making Procedures.

(3) The Registrar of Companies may censure a Person by any means, including by way of publishing a notice of censure in any way the Registrar considers appropriate.

173. Administrative imposition of fines

(1) If the Registrar of Companies is satisfied that a Person has Contravened these Regulations and Contravention of the relevant provision or of a relevant requirement is expressed to be punishable by a fine, the Registrar may impose a fine on the Person and publish the details of the fine imposed on a Person under this subsection.

(2) In deciding whether to impose a fine on a Person and, if so, the amount of the fine to be imposed, the Registrar of Companies must comply with any applicable Decision-making Procedures and any limits for fines set by the Rules.