Section 821 of The Companies Act No. 17 of 2015: Certain information protected from disclosure

    

(1) Nothing in this Part compels a person to disclose to the Attorney General or to an inspector appointed under this Part information in respect of which in an action in the Court a claim to legal professional privilege could be maintained.
(2) Except as provided by subsection (3), nothing in section 793, 806 or 811 requires a bank to disclose information, or produce documents, in respect of which the bank owes an obligation of confidentiality as a result of carrying on business of banking unless—
(a) the person to whom the obligation of confidentiality is owed is the company or other body corporate under investigation;
(b) the person to whom the obligation of confidentiality is owed consents to the disclosure or production; or
(c) the making of the requirement is authorised by the Attorney General.
(3) Subsection (2) does not apply if the bank concerned is the company or other body corporate under investigation under this Part.
(4) Nothing in this Part—
(a) compels a person to produce a document or to disclose information in respect of which in an action in the Court a claim to legal professional privilege could be maintained; or
(b) authorises the taking of possession of any such document that is in the person's possession.
(5) The Attorney General may, under section 812, require, or authorise a person to require—
(a) a bank or an officer or employee of a bank to produce a document relating to the affairs of a customer of the bank; or
(b) the bank or any such officer or employee to disclose information relating to those affairs, only if a condition specified in subsection (6) is satisfied.
(6) The following are the conditions referred to in subsection (5)—
the Attorney General considers it is necessary to impose the requirement or to give the authorisation for the purpose of investigating the affairs of the bank;
(b) the customer is a person on whom a requirement has been imposed under section 811.
(7) Despite subsections (1), (2) and (4), a person who is an advocate may be compelled to disclose the name and address of a client.


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

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