Securities Markets Order, 2013 · s 43

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43.
Investigation powers
(lJ
The powers of the Authority under this section shall be exercisable in any case if it appears to it that there is good reason to do so for the purpose of investigating the affairs, or any aspect of the affairs, of any person in relation to any regulated activities which he was carrying on, or appears to the Authority to be or to have been carrying on, or appears to be about to carry on.
(2)
The Authority may require the person whose affairs are to be investigated (the person under investigation) or any other person to appear before the Authority at a specified time and place and answer questions or otherwise provide information howsoever held with respect to any matter relevant to the investigation.
(3)
The Authority may require the person under investigation or any other person to produce at a specified time and place any specified documents, including any bank or brokerage records howsoever held, which appear to the
Authority to relate to any matter relevant to the investigation and -
(a)
if any such documents are produced, the Authority may take copies from them or require the person producing them or any other person to provide an explanation of them; and
(b) if any such documents are not produced, the Authority may require the person or any other person who was required to produce them to state, to the best of his knowledge and belief, where they are.
(4)
A statement by a person or any other person in compliance with a requirement under this section may be used in evidence against him.
(5)
In this section-
"any other person" includes but is not limited to -
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1275 6th. AUGUST, 2013
(a) any person who is or was that other person's partner, employee, agent, appointed representative, banker, auditor or solicitor;
(b) where the other person is a body corporate, any person who is or was a director, secretary or controller of that body corporate or of another body corporate of which it is or was a subsidiary;
(c) where the other person is an unincorporated association, any person who is or was a member of the governing body or an officer or controller of the association;
(d) where the other person is representative of a person, any person who is or was his principal; and
(e)
where the other person is the person under investigation (being a body corporate), any related company of that body corporate and any person who is a connected person in relation to that company;
"documents" includes information recorded in any form and, in relation to information recorded otherwise than in legible form, and the power to require its production includes power to require the production of a copy of the information in legible form;
"person" includes but is not limited to -
(a)
a body corporate;
(b)
an unincorporated association of persons;
(c)
a partnership, constituted under any written law of Brunei Darussalam or under the law of any territory or country outside Brunei Darussalam; or
(d)
an individual;
"related company", in relation to a person under investigation (being a body corporate), means any other body corporate which is or at any material time was-
(a)
a holding company or subsidiary of that person;
(b)
a subsidiary of a holding company of that person; or
(c)
a holding company of a subsidiary of that person,

BRUNEI DARUSSALAM GOVERNMENT GAZETTE and whose affairs it is in the Authority's opinion necessary to investigate for the purpose of investigating the affairs of that person.

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s 43Investigation powers

(lJ

The powers of the Authority under this section shall be exercisable in any case if it appears to it that there is good reason to do so for the purpose of investigating the affairs, or any aspect of the affairs, of any person in relation to any regulated activities which he was carrying on, or appears to the Authority to be or to have been carrying on, or appears to be about to carry on.

(2)

The Authority may require the person whose affairs are to be investigated (the person under investigation) or any other person to appear before the Authority at a specified time and place and answer questions or otherwise provide information howsoever held with respect to any matter relevant to the investigation.

(3)

The Authority may require the person under investigation or any other person to produce at a specified time and place any specified documents, including any bank or brokerage records howsoever held, which appear to the

Authority to relate to any matter relevant to the investigation and -

(a)

if any such documents are produced, the Authority may take copies from them or require the person producing them or any other person to provide an explanation of them; and

(b)

if any such documents are not produced, the Authority may require the person or any other person who was required to produce them to state, to the best of his knowledge and belief, where they are.

(4)

A statement by a person or any other person in compliance with a requirement under this section may be used in evidence against him.

(5)

In this section-

"any other person" includes but is not limited to -

1274

1275 6th. AUGUST, 2013

(a)

any person who is or was that other person's partner, employee, agent, appointed representative, banker, auditor or solicitor;

(b)

where the other person is a body corporate, any person who is or was a director, secretary or controller of that body corporate or of another body corporate of which it is or was a subsidiary;

(c)

where the other person is an unincorporated association, any person who is or was a member of the governing body or an officer or controller of the association;

(d)

where the other person is representative of a person, any person who is or was his principal; and

(e)

where the other person is the person under investigation (being a body corporate), any related company of that body corporate and any person who is a connected person in relation to that company;

"documents" includes information recorded in any form and, in relation to information recorded otherwise than in legible form, and the power to require its production includes power to require the production of a copy of the information in legible form;

"person" includes but is not limited to -

(a)

a body corporate;

(b)

an unincorporated association of persons;

(c)

a partnership, constituted under any written law of Brunei Darussalam or under the law of any territory or country outside Brunei Darussalam; or

(d)

an individual;

"related company", in relation to a person under investigation (being a body corporate), means any other body corporate which is or at any material time was-

(a)

a holding company or subsidiary of that person;

(b)

a subsidiary of a holding company of that person; or

(c)

a holding company of a subsidiary of that person,

BRUNEI DARUSSALAM GOVERNMENT GAZETTE and whose affairs it is in the Authority's opinion necessary to investigate for the purpose of investigating the affairs of that person.