ACT 125
COMPANIES ACT 1965 (REVISED - 1973)
PART IX - INVESTIGATIONS

 
Section 208A. Power to require information as to persons interested in shares or debentures.
 
Section 208A. Power to require information as to persons interested in shares or debentures. (COMPANIES ACT 1965 (REVISED - 1973) - ACT 125) (1) Where it appears to the Minister that there is good reason to investigate the ownership of any shares in or debentures of a corporation and that it is unnecessary to appoint an inspector for the purpose, he may require any person whom he has reasonable cause to believe—

    (a) to be or to have been interested in those shares or debentures; or

    (b) to act or to have acted in relation to those shares or debentures as the agent of someone interested therein,

to give him any information which he has or can reasonably be expected to obtain as to the present and past interests in those shares or debentures and the names and addresses of the persons interested and of any person who act or have acted on their behalf in relation to the shares or debentures.

(2) For the purposes of this section, a person shall be deemed to have an interest in a share or debenture if he has any right to acquire or dispose of the share or debenture or any interest therein or to vote in respect thereof, or if his consent is necessary for the exercise of any of the rights of other persons interested therein, or if the persons interested therein can be required or are accustomed to exercise their rights in accordance with his instructions.

(3) Any person who fails to give any information required of him under this section, or who in giving any such information makes any statement which he knows to be false in a material particular, or recklessly makes any statement which is false in a material particular, shall be guilty of an offence against this Act.

Penalty: Imprisonment for twelve months or ten thousand ringgit.

(4) This section shall apply to an insurance company but nothing herein shall, subject to the provisions of the Insurance Act 1963 [Act 89], require disclosure by an insurance company to the Minister of any information as to the affairs of any of its customers other than the corporation of which it is the insurer.