The Companies Act No. 17 of 2015Section 700 of The Companies Act No. 17 of 2015: Power of Cabinet Secretary or authorised person to require documents, information and explanations
(1) This section applies if it appears to the Cabinet Secretary or a person who is authorised under section 698 that there is, or may be, a question whether a company’s annual financial statement or a directors’ report complies with the requirements of this Act.
(2) The Cabinet Secretary or authorised person may require any prescribed person to produce any document, or to provide any information or explanations, that the Cabinet Secretary or authorised person may reasonably require for the purpose of—
(a) discovering whether there are grounds for making an application to the Court under section 697; or
(b) deciding whether to make such an application.
(3) The following are prescribed persons for the purpose of subsection (2)—For purposes of this section, an authorised person is—
(a) the company;
(b) any officer, employee, or auditor of the company;
(c) any person who was an officer, employee, or auditor of the company at a time when the document or information required by the authorised person was created or existed.
(4) If a person fails to comply with a requirement under subsection (2), the authorised person may apply to the Court for an order under subsection (5).
(5) If, on the hearing of an application made under subsection (4), it appears to the Court that the person concerned has failed to comply with a requirement under subsection (2), it may order that person to take such steps as it directs for the production of the relevant documents or the provision of the relevant information or explanations.
(6) A statement made by a person in response to a requirement under subsection (2), or an order under subsection (5), may not be used in evidence against the person in criminal proceedings.
(7) A person is not, because of this section, required to produce documents or provide information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.
Check the current authoritative text and amendment history before relying on this provision.
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