YSC, Title 11.  Crimes & Punishment
 
 
 
Chapter 5:  Offenses Against
Government Administration

501.   Definitions.
502.   Bribery.
503.   Threats to influence official matters.
504.   Retaliation for past official action.
505.   Improper compensation.
506.   Acts affecting personal financial interest.
507.   Possession or removal of government property.
508.   Misconduct in public office.

     501.  Definitions.
     For the purposes of this division, the following terms shall have the meaning indicated below:

     (a)  "Benefit" means gain or advantage, or anything regarded by the beneficiary as gain or advantage, including benefit to any other person or entity in whose welfare he is interested;

     (b)  "Government" means any branch, department, office, division, board, commission, committee, or authority of the Government of the State of Yap, or any municipality or locality within it;

     (c)  "Harm" means loss, disadvantage or injury or anything so regarded by the person affected, including loss, disadvantage or injury to any other person or entity in whose welfare he is interested.

Source:  YSL 2-48 2, modified.

Commission Comment:  YSL 2-48 repealed the former provisions of Title 11, that included the State Crimes Act.  However, prosecutions for offenses committed before the effective date of this division are governed by the prior law, which is continued in effect for that purpose (see section 102 of chapter 1 of this division).

     502.  Bribery.
     Every person who shall voluntarily offer or receive any benefit as consideration to influence an official act to be done or not done, shall be guilty of bribery, and upon conviction thereof shall be imprisoned for a period of not more than three years, and fined three times the value of the benefit offered or received, or both.  If the value of the benefit cannot be determined in dollars, the fine shall be not more than $5,000.00.

Source:  YSL 2-48 2, modified.

     503.  Threats to influence official matters.
     Every person who threatens harm to any person employed by the government with purpose to influence him in the exercise of his official duties, shall be guilty of threats to influence official matters, and upon conviction thereof shall be imprisoned for not more than three years, or fined not more than $5,000.00, or both.

Source:  YSL 2-48 2, modified.

     504.  Retaliation for past official action.
     Every person who harms another by any unlawful act in retaliation for anything lawfully done by the latter in his capacity as public servant, shall be guilty of retaliation for past official action, and upon conviction thereof shall be imprisoned for a period of not more than one year, or fined not more than $1,000.00, or both.

Source:  YSL 2-48 2, modified.

     505.  Improper compensation.
     Every person employed by the government who solicits, accepts, or agrees to accept compensation for advice or other assistance in preparing or promoting a bill, contract, claim, or other transaction or proposal as to which he knows that he has or is likely to have an official discretion to exercise, shall be guilty of improper compensation, and upon conviction thereof shall be imprisoned for a period of not more than one year, or fined not more than $1,000.00, or both.

Source: YSL 2-48 2, modified.

     506.  Acts affecting personal financial interest.
     Every person who in his official capacity participates personally and substantially in any matter in which, to his knowledge, he, his spouse or children, close relative, partner, organization in which he is serving as officer, director, trustee, partner, or employee, has a financial interest, shall be guilty of engaging in acts affecting personal financial interest, and upon conviction thereof shall be imprisoned for a period of not more than one year, or fined not more than $1,000.00, or both.

Source:  YSL 2-48 2, modified.

     507.  Possession or removal of government property.
     It shall be unlawful for any person without proper authority to have in his possession or remove from its location any property of any kind, wherever situated, of the State Government, its political subdivisions or municipal governments.  Any person convicted of a violation of this section shall be fined not more than $100.00, or imprisoned not more than six months, or both.

                        Source:  YSL 2-48 2, modified.
 
Cross-reference:  The statutory provisions on Public Property, Purchasing and Contracts are found in Title 9 of this Code.  The statutory provisions on Legislature property are found in chapter 2 of Title 9 of this Code.

     508.  Misconduct in public office.
     Every person who, being a public official, shall do any illegal acts under the color of office, or willingly neglect to perform the duties of his office as provided by law, shall be guilty of misconduct in public office, and upon conviction thereof shall be imprisoned for a period of not more than one year, or fined not more than $1,000.00, or both.

Source:  YSL 2-48 2, modified.

Cross-reference:  The constitutional provisions on the Legislature are found in Yap Const., Art. V.  The statutory provisions on the Legislature are found in Title 2 of this Code.  The constitutional provisions on the Executive are found in Yap Const., Art. VI.  The statutory provisions on the Executive are found in Title 3 of this Code.

Commission Comment:  YSL 2-48 repealed the former provisions of Title 11, that included the State Crimes Act.  However, prosecutions for offenses committed before the effective date of this division are governed by the prior law, which is continued in effect for that purpose (see section 102 of chapter 1 of this division).
                                                                                                                                                                                                                                                                                                           
Any officer or agent who, or a corporation which, shall refuse to allow any such shareholder or holder of voting trust certificates, or his agent or attorney, so to examine and make extracts from its books and records of account, minutes, and record of shareholders, for any proper purpose, shall be liable to such shareholder or holder of voting trust certificates in a penalty of ten percent (10%) of the value of the shares owned by such shareholder, or in respect of which such voting trust certificates are issued, in addition to any other damages or remedy afforded him by law. It shall be a defense to any action for penalties under this section that the person suing therefor has within two years sold or offered for sale any list of shareholders or of holders of voting trust certificates for shares of such corporation or any other corporation or has aided or abetted any person in procuring any list of shareholders or of holders of voting trust certificates for any such purpose, or has improperly used any information secured through any prior examination of the books and records of account, or minutes, or record of shareholders or of holders of voting trust certificates for shares of such corporation or any other corporation, or was not acting in good faith or for a proper purpose in making his demand. (3) Nothing herein contained shall impair the power of any court of competent jurisdiction, upon proof by a shareholder or holder of voting trust certificates of proper purpose, irrespective of the period of time during which such shareholder or holder of voting trust certificates shall have been a shareholder of record or a holder of record of voting trust certificates, and irrespective of the number of shares held by him or represented by voting trust certificates held by him, to compel the production for examination by such shareholder or holder of voting trust certificates of the books and records of account, minutes, and record of shareholders of a corporation. (4) Upon the written request of any shareholder or holder of voting trust certificates or shares of a corporation, the corporation shall mail to such shareholder or holder of voting trust certificates its most recent financial statements showing in reasonable detail its assets and liabilities and the results of its operations. Source: S.L. No. 3L-92-95 51, 4/18/95 1-152. Incorporators. ( One or more persons, or a domestic or foreign corporation, may act as incorporator or incorporators of a corporation by signing and delivering in duplicate to the Registrar of Corporations articles of incorporation for such corporation. Source: S.L. No. 3L-92-95 52, 4/18/95 1-153. Articles of incorporation. ( (1) The articles of incorporation shall set forth: (a) The name of the corporation; (b) The period of duration, which may be perpetual; (c) The purpose or purposes for which the corporation is organized which may be stated to be, or to include, the transaction of any or all lawful business for which corporations may be incorporated under this chapter; (d) The aggregate number of shares that the corporation shall have authority to issue; if such shares are to consist of one class only, the par value of each of such shares, or a statement that all of such shares are without par value; or, if such shares are to be divided into classes, the number of shares of each class, and a statement of the par value of the shares of each such class or that such shares are to be without par value; (e) If the shares are to be divided into classes, the designation of each class and