Companies Act (Cap. 386)

Companies Act (Cap. 386), article 419

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419. (1) If the Registrar is satisfied that reasonable grounds exist for suspecting that there are on any premises any account s, accounting records or documents of which production has been required under article 418 and which have not been produced in compliance with that requirement, he shall have the right to enter and search any such premises in accordance with the provisions of sub-articles (2) and (3). (2) The Registrar, in exercising his right to enter and search t he premises as specified in sub-arti cle (1), shall have the right to take possession of any accounts, acc ounting records or documents appearing to be such accounts, accounting records or documents as referred to in the said sub-artic le, or to take in relation to any accounts, accounting records or documents so appearing, any oth er steps which he shall consider to be necessary for preserving th em and preventing inte rference with them. (3) The right conferred upon the Registrar by virtue of sub- article (1) shall only be exercisable during working days, betw een seven in the morning and seven in the evening, and in all cases the Registrar shall be accompanied by an officer of the Police of a rank not below that of inspector and the Registrar shall, if require d, produce evidence of his authority. (4) Any accounts, accounting reco rds or documents of which possession is taken under thi s article may be retained - (a) for a period of ninety days; or (b) if within that period any su ch criminal proceedings as are mentioned in article 420(1)( a) or ( b), being proceedings to which the accounts, accounting records or documents are relevant, shall commence, until the conclusion of those proceedings. (5) A person who obstructs the ex ercise of a right of entry or search conferred by virtue of this article, or who obstructs th e exercise of a right so conferred to take possession of any acco unts, accounting records or documents, shall be guilty of an offence and liable on conviction to a fine ( multa) of not more than four thousand and six hundred and fifty-eight euro (€4,658), or to imprisonme nt for a term not exceeding six months, or to both such fine ( multa ) and imprisonment. 262 CAP. 386.] COMP ANIES Provision for security of information obtained. Amended by: L.N. 425 of 2007; X. 2011.70; XVIII.2025.53.

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