Section 792 of The Companies Act No. 17 of 2015: Power of Court to appoint replacement inspector
(1) If an inspector appointed by the Court to conduct an investigation resigns ordies, or the inspector’s appointment is revoked by the Court, the Court may appoint an inspector to continue the investigation.
(2) An appointment under subsection (1) is, for the purposes of this Division(this section excepted), taken to be an appointment under the section under which the former inspector was appointed.
(3) Unless the Court has directed, or proposes to direct, the termination ofthe investigation, the Court shall exercise its power under subsection (1) so as to ensure that at least one inspector is able to continue the investigation.
(4) In this section, a reference to an investigation includes any investigation that the former inspector conducted under section 788.
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- Section 793 - Production of documents and evidence to inspector appointed by the Court
(1) Every officer and agent of a company in relation to which an inspector has been appointed under section 786 or 787 and, if the investigation extends to a body corporate related to the company,...
- Section 794 - Obstruction of inspectors appointed by Court to be contempt of Court
(1) If an officer or agent of the company or other body corporate—
(a) refuses to produce to an inspector a document that the inspector has, under section 793, required the officer or agent to...
- Section 795 - Power of inspector appointed by Court to apply to Court to conduct examination of person
(1) If an inspector appointed under section 786 or 787 believes it necessary for the purpose of the investigation that a person whom the inspector has no power to examine on oath should be so...
- Section 796 - Power of Court to obtain information from former inspectpor etc.
(1) This section applies to a person who has been appointed as an inspector under section 786 or 787, but— (a) who has since resigned; or whose appointment has since been revoked.
(2) This section...
- Section 797 - Inspector appointed by the Court to submit reports to the Court
(1) An inspector appointed by the Court—
(a) may (and if so directed by the Court, shall) make interim reports to the Court about the progress of the investigation; and
(b) as soon as practicable...
- Section 798 - Power of Director of Public Prosecutions to bring prosecution for offences disclosed by inspectors’ report
(1) If it appears to the Court that a person has, in relation to the company or to any other body corporate whose affairs have been investigated committed an offence for which the person is criminally...
- Section 799 - Expenses of investigation of company’s affairs
(1) The expenses of and incidental to an investigation by inspectors appointed by the Court are in the first instance to be met by the Attorney General, but the persons referred to in subsections (2)...
- Section 800 - Appointment of inspector to investigate ownership of company
(1) If satisfied that there are reasonable grounds for doing so, the Attorney General shall appoint one or more competent inspectors to investigate and report on the membership of a company for the...
- Section 801 - Power of inspector appointed by Attorney General to investigate ownership, etc. of related companies
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- Section 802 - General powers of Attorney General to give directions to inspectors appointed by the Attorney General
(1) In conducting an investigation under this Division, an inspector shall comply with a direction given to the inspector by the Attorney-General under this section.
(2) The Attorney General may give...
- Section 803 - Direction to terminate conduct of investigation under this Division
(1) The Attorney General may direct an inspector appointed by the Attorney General to conduct an investigation to take no further action in the investigation.
(2) The Attorney General may give a...
- Section 804 - Resignation and revocation of appointment of inspectors appointed by the Attorney General
(1) An inspector appointed by the Attorney General may resign by notice givento the Attorney General.
(2) The Attorney General may revoke the appointment of an inspector by notice given to the...
- Section 805 - Appointment of replacement inspectors appointed by the Attorney General
(1) If an inspector appointed by the Attorney General resigns or dies or theinspector’s appointment is revoked, the Attorney General may appoint one or more competent inspectors to continue the...
- Section 806 - Production of documents and evidence on investigation under this Division
(1) This section applies to—
(a) each officer and agent of the company in relation to which the inspector has been appointed by the Attorney General and, if the investigation extends to a body...
- Section 807 - Obstruction of inspectors appointed by the Attorney General to be contempt of Court
(1) If a person to whom section 806 applies—
(a) refuses to produce to an inspector a document that the inspector has, under that section, required the person to produce; or
(b) refuses to answer a...
- Section 808 - Inspector appointed by the Attorney General may apply to Court toconduct examination of person
(1) If an inspector appointed by the Attorney General believes it necessary for the purpose of the investigation that a person whom the inspector has no power to examine on oath should be so examined,...
- Section 809 - Inspector appointed by the Attorney General to submit reports to the Attorney General
(1) An inspector appointed by the Attorney General—
(a) may (and if so directed by the Attorney General, shall) make interim reports to the Attorney General about the progress of the investigation;...
- Section 810 - Power of Director of Public Prosecutions to bring prosecution for offences disclosed by inspectors’ report made under section 810
(1) If it appears to the Attorney General that a person has, in relation to the company or to any other body corporate whose affairs have been investigated under this Division, committed an offence...
- Section 811 - Power of Attorney General to require information about persons interested in securities of a company
(1) If satisfied that there is good reason to investigate the ownership of securities of a company and that is unnecessary to appoint an inspector for the purpose, the Attorney General may require any...
- Section 812 - Power of Attorney General to impose restrictions on securities
(1) On being satisfied, in relation to an investigation under either section 800 or 811, that there is difficulty in ascertaining the relevant facts about particular securities (whether issued or to...
- Section 813 - Inspector’s report to be evidence
(1) A copy of any report of an inspector appointed under this Part, certified bythe Attorney General to be a true copy, is admissible in all legal proceedings as evidence of the opinion of the...
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(1) If, from a report made under section 797 or 809, the Attorney Generalconsiders that proceedings ought, in the public interest, to be brought by a body corporate named in the report—
(a) for the...
- Section 815 - Issue of warrants to enter and search premises
(1) On an application made on oath given by or on behalf of an inspector appointed by the Court or by the Attorney-General, a magistrate may issue a warrant under this section if satisfied that there...
- Section 816 - Protection in relation to certain disclosures: information provided to Attorney General
(1) A person who makes a relevant disclosure is not, only because of that disclosure, liable in proceedings relating to a breach of an obligation of confidence.
(2) A relevant disclosure is a...
- Section 817 - Prohibition on disclosure of information obtained under section 812 or 817
(1) This section applies to information obtained—
(a) as a result of a requirement imposed under section 811; or (b) by means of a relevant disclosure under section 816.
(2) Information to which...
- Section 818 - Offence to destroy, mutilate or falsify company documents
(1) An officer of a company who—
(a) destroys, mutilates or falsifies, or is complicit in the destruction, mutilation or falsification of a document affecting, or relating to the company's property...
- Section 819 - Offence to provide false information
A person who, in purported compliance with a requirement under section 811 to provide information—
(a) provides information that the person knows to be false in a material particular;...
- Section 820 - Disclosure of information by Attorney General or inspector
(1) This section applies to information obtained under Division 1 or 2.
(2) The Attorney General may—
(a) disclose information to which this section applies to any person to whom, or for any purpose...
- Section 821 - Certain information protected from disclosure
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(1) The following restrictions apply to securities that are subject to an order made by the Attorney General under section 812 or an order of the Court made under 827—
(a) any transfer of the...
- Section 826 - Offence to attempt to evade restriction imposed by or under this Part
(1) Subject to the terms of any directions given, or any conditions imposed, under section 812 or 827, a person who—
(a) exercises, or purports to exercise, a right to dispose of securities that, to...
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- Section 831 - Registrar and Deputy and Assistant Registrars of Companies
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(2) A company's registered number complies with...
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(1) The Registrar shall allocate to every foreign company registered under thisAct a unique number, to be called the company's registered number.
(2) The Registrar shall ensure that the number...
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- Section 840 - Regulations may require documents to be lodged by electronic means
(1) The regulations may require documents, or documents of a specified class,that are required to be lodged with the Registrar for registration to be lodged by electronic means.
(2) A requirement to...
- Section 841 - Agreement for lodgement of documents by electronic means
(1) The Registrar may enter into a written agreement with a company providingfor documents relating to the company that are required or permitted to be lodged with the Registrar for...
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(1) A document is not lodged with the Registrar for registration until theRegistrar or a member of the Registrar's staff actually receives it.
(2) The Registrar's Rules may make specific provision as...