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Licences to be taken out by moneylenders.
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5.—(1) Every moneylender, whether carrying on business alone or as a partner in a firm, shall take out annually in respect of every address at which he carries on his business as such a licence (in this Act referred to as a moneylender's licence), which shall expire on the thirty-first day of July in every year.
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(2) Subject to the provisions of this Act, the Revenue Commissioners shall, upon an application being made, in accordance with regulations made by them, for a moneylenders licence and upon payment to them by the applicant of the excise duty for the time being required by law to be paid by persons taking out a moneylender's licence, grant to the applicant a moneylenders licence.
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(3) Every moneylenders licence taken out by a person shall be taken out by such person in his true name, and if any moneylenders licence is taken out by any person in any name other than his true name such licence shall be void.
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For the purposes of this sub-section the true name of a limited liability company shall be the name under which such company is incorporated.
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(4) Every moneylenders licence shall be in such form as the Revenue Commissioners may direct and shall state the authorised name and authorised address of the person by whom it is taken out.
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(5) If any person—
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(a) takes out a moneylender's licence in any name other than his true name; or
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(b) carries on business as a moneylender, without having in force a proper moneylender's licence authorising him so to do, or, being licensed as a moneylender, carries on business as such in any name other than his authorised name, or at any other place than his authorised address or addresses; or
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(c) enters into any agreement in the course of his business as a moneylender with respect to the advance or repayment of money, or takes any security for money in the course of his business as a moneylender, otherwise than in his authorised name;
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such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to the following penalties, that is to say:—
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(a) if such person is an individual—
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(i) in the case of a first offence, an excise penalty of one hundred pounds, and
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(ii) in the case of a second or any subsequent offence, an excise penalty of one hundred pounds or imprisonment for any term not exceeding three months or both such excise penalty and imprisonment;
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(b) if such person is a company—
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(i) in the case of a first offence, an excise penalty of one hundred pounds, and
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(ii) in the case of a second or any subsequent offence, an excise penalty of five hundred pounds.
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