Companies Act · s 135D

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135D.
Production of documents and evidence to inspector
(1) Where inspectors are appointed under section 135B, it is the duty of each person mentioned in subsection (4) -
(a) to produce to the inspectors all documents of, or relating to, the company referred to in section 135B or 135C(1) or the person referred to in section 135C(2), which are in his possession, custody or power;
(b) to attend before the inspectors when required to do so;
(c)
otherwise to give the inspectors all assistance in connection with the investigation which he is reasonably able to give.
(2) If the inspectors consider that any of the persons mentioned in subsection (4) is or may be in possession of information relating to a

Companies
CAP. 39 141
matter which they believe to be relevant to the investigation, they may require him -
(a) to produce to them any documents in his custody or power relating to that matter;
(b) to attend before them; and
(c) otherwise to give them all assistance in connection with the investigation which he is reasonably able to give, and it is the duty of that person to comply with the requirement.
(3) An inspector may, for the purposes of the investigation, examine any person on oath and may administer an oath accordingly.
(4) The persons referred to in subsections (1) and (2) are -
(a) any person who is or was a director, controller, manager, employee, agent, banker, auditor, legal adviser or shareholder of the company;
(b) any other person who the inspectors consider is or may be in possession of information relating to a matter which the inspectors believe to be relevant to the investigation.
(5) Any answer given by a person to a question put to him in exercise of powers conferred by this section may be used in evidence against him.
(6) In this section and section 135K, "documents" include -
(a) anything in which information of any description is recorded in any form, whether in a manner intelligible to the senses or capable of being made intelligible by the use of equipment;
(b) any database or electronic information,

142 CAP. 39
Companies and in relation to information recorded otherwise than in legible form, the power to require its production includes power to require the production of a copy of the information in legible form.

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s 135DProduction of documents and evidence to inspector

(1)

Where inspectors are appointed under section 135B, it is the duty of each person mentioned in subsection (4) -

(a)

to produce to the inspectors all documents of, or relating to, the company referred to in section 135B or 135C(1) or the person referred to in section 135C(2), which are in his possession, custody or power;

(b)

to attend before the inspectors when required to do so;

(c)

otherwise to give the inspectors all assistance in connection with the investigation which he is reasonably able to give.

(2)

If the inspectors consider that any of the persons mentioned in subsection (4) is or may be in possession of information relating to a

Companies

CAP. 39 141

matter which they believe to be relevant to the investigation, they may require him -

(a)

to produce to them any documents in his custody or power relating to that matter;

(b)

to attend before them; and

(c)

otherwise to give them all assistance in connection with the investigation which he is reasonably able to give, and it is the duty of that person to comply with the requirement.

(3)

An inspector may, for the purposes of the investigation, examine any person on oath and may administer an oath accordingly.

(4)

The persons referred to in subsections (1) and (2) are -

(a)

any person who is or was a director, controller, manager, employee, agent, banker, auditor, legal adviser or shareholder of the company;

(b)

any other person who the inspectors consider is or may be in possession of information relating to a matter which the inspectors believe to be relevant to the investigation.

(5)

Any answer given by a person to a question put to him in exercise of powers conferred by this section may be used in evidence against him.

(6)

In this section and section 135K, "documents" include -

(a)

anything in which information of any description is recorded in any form, whether in a manner intelligible to the senses or capable of being made intelligible by the use of equipment;

(b)

any database or electronic information,

142 CAP. 39

Companies and in relation to information recorded otherwise than in legible form, the power to require its production includes power to require the production of a copy of the information in legible form.