Section 811 of The Companies Act No. 17 of 2015: 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 person whom the Attorney General reasonably believes—
(a) to be or to have been interested in those securities; or
(b) to act or to have acted in relation to those securities as the advocate or agent of someone interested in them,
to provide the Attorney General with any information that the person has, or can reasonably be expected to obtain, with respect to present and past interests in those securities, and the names and addresses of the persons interested and of any persons who act or have acted on their behalf in relation to the securities.
(2) For the purposes of this section, a person has an interest in a security—
(a) if the person has a right to acquire or dispose of the security or any interest in it or to cast a vote at a meeting as a result of being its holder;
(b) if the person's consent is necessary for the exercise of rights of other persons interested in the security; or
(c) if other persons interested in the security can be required or are accustomed to exercise their rights in accordance with the person's instructions.
(3) A person who—
(a) fails to provide information required under this section; or
(b) in providing any such information makes a statement that the person knows to be false or misleading in a material respect, commits an offence and is liable on conviction to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding two years, or to both.


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

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