ACT 125

COMPANIES ACT 1965 (REVISED - 1973)

PART IX - INVESTIGATIONS

Section 200. Procedure and costs of inquiry.

(1) If an inspector appointed to investigate the affairs of a company thinks it necessary for the purposes of the investigation to investigate also the affairs of any other corporation which is or has at any relevant time been deemed to be or to have been related to that company by virtue of section 6 he shall have power so to do, and he shall report on the affairs of the other corporation so far as he thinks the results of the investigation thereof are relevant to the investigation of the affairs of the company. (2) Every officer and agent of a corporation the affairs of which are being investigated under this Part shall, if required by an inspector appointed under this Part, produce to the inspector all books and documents in his custody or power and shall give to the inspector all assistance in connection with the investigation which he is reasonably able to give. (3) An inspector may, by notice in the prescribed form, require any officer or agent of any corporation whose affairs are being investigated pursuant to this Part to appear for examination on oath or affirmation (which he is hereby authorized to administer) in relation to its business; and the notice may require the production of all books and documents in the custody or under the control of that officer or agent. (4) An inspector who pursuant to this section requires the production of all books and documents in the custody or power or under the control of an officer or agent of any corporation whose affairs are being investigated under or pursuant to this Part— (a) may take possession of all the books and documents; (b) may retain all the books and documents for such time as he considers to be necessary for the purpose of the investigation; and (c) shall permit such corporation to have access at all reasonable times to all the books and documents so long as they are in his possession. (5) If any officer or agent of any corporation the affairs of which are being investigated pursuant to this Part fails to comply with the requirements of any notice issued under subsection (3) or fails or refuses to answer any question which is put to him by an inspector with respect to the affairs of the corporation, the inspector may certify the failure or refusal under his hand to the Court, which may thereupon inquire into the case and, after hearing any witnesses against or on behalf of the alleged offender and any statement offered in defence, punish the offender in like manner as if he had been guilty of contempt of court. (6) No person who is or has formerly been an officer or agent of a corporation the affairs of which are being investigated under this Part shall be entitled to refuse to answer any question which is relevant or material to the investigation on the ground that his answer might tend to incriminate him but if he claims that the answer to any question might incriminate him and but for this subsection he would have been entitled to refuse to answer the question, the answer to the question shall not be used in any subsequent criminal proceedings except in the case of a charge against him for making a false statement in answer to that question. (7) Except as expressly provided in subsection (6) any person shall be entitled to refuse to answer a question on the ground that the answer might tend to incriminate him. (8) An inspector may cause notes of any examination under this Part to be recorded and reduced to writing and to be read to or by and signed by the person examined and any such signed notes may, except in the case of any answer which that person would not have been required to give but for subsection (6), thereafter be used in evidence in any legal proceedings against that person.