The Companies Act No. 17 of 2015

Section 699 of The Companies Act No. 17 of 2015: Power of Kenya Revenue Authority to disclose information to authorised person for certain purposes

(1) The Kenya Revenue Authority may disclose information to the Cabinet
Secretary or a person authorised under section 698 for the purpose of facilitating—
(a) the taking of steps by that person to discover whether there are grounds for making an application to the Court under section 697; or
(b) a decision by the Cabinet Secretary or authorised person whether to make such an application.
(2) This section applies despite any statutory or other restriction on the disclosure of information.
(3) Information disclosed to an authorised person under this section—(a) may not be used except in or in connection with—
(i) taking steps to discover whether there are grounds for making an application to the Court under section 697; or
(ii) deciding whether or not to make such an application, or in, or in connection with, proceedings relating to such an application; and
(b) may not be further disclosed except—
(i) to the person to whom the information relates; or
(ii) in, or in connection with, proceedings on any such application to the Court.
(4) A person who contravenes subsection (3) commits an offence unless the person establishes on a balance of probabilities that the person—
(a) did not know, and had no reason to suspect, that the information had been disclosed under this section; or
(b) took all reasonable steps and exercised all due diligence to avoid the contravention.
(5) A person who is found guilty of an offence under subsection (4) is liable on conviction to a fine not exceeding one million shillings.

Check the current authoritative text and amendment history before relying on this provision.

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