Section 806 of The Companies Act No. 17 of 2015: 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 corporate related to the company, each officer and agent of the body corporate;
(b) each person who is or has been, or whom the inspector reasonably believes to be or have been—
(i) financially interested in the success or failure or the apparent success or failure of the company or other body corporate; or
(ii) able to control or materially influence its policy; and
(c) any other person whom the inspector has reasonable cause to believe possesses information relevant to the investigation.
(2) Each person to whom this section applies shall—
(a) produce to the inspector all documents of or relating to the company or other body corporate that are in their custody or under their control; (b) attend before the inspectors when required to do so; and
(c) otherwise give to the inspector all assistance in connection with the investigation which they are reasonably able to give.
(3) An inspector may examine on oath a person to whom this section applies in relation to the affairs of the company or other body corporate, and may administer an oath accordingly.
(4) The inspector shall ensure that all proceedings of an examination conducted under this section are recorded in writing.
(5) On completing the examination of a person, the inspector shall invite theperson examined to sign the record of the examination.
(6) The record of the examination is admissible as evidence in all relevant legalproceedings.
(7) The power under this section to require production of a document includespower, in the case of a document not in hard copy form, to require the production of a copy of the document— (a) in hard copy form; or
(b) in a form from which a hard copy can be readily obtained.
(8) An inspector may make copies of a document produced under this section.


Disclaimer: This document is not to be taken as legal advise.

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