Companies Act (Cap. 386)
Companies Act (Cap. 386), article 423
423. (1) Nothing contained in articles 404 to 417 shall require
the disclosure to the Registrar or to an inspector appointed by him -
Cap. 12.
(a) of communications which are privileged by virtue of
the provisions of article 588 of the Code of
Organization and Civil Procedure ;
(b) by a company’s bankers of information on the affairs
of any of their customers other than the company
itself.
(2) Nothing contained in articles 418 to 422 shall be deemed to
compel the production by any person as is referred to in articl e 588
of the Code of Organization and Civil Procedure of any document
containing a communication whic h is privileged in accordance wi th
that article, or shall authorise the taking of possession of an y such
document which is in that person’s possession.
(3) Notwithstanding the provisions of article 418, the Registrar
shall not require the production by a person carrying on the
business of banking of a document relating to the affairs of a
customer, unless it appears to t he Registrar that it is necessa ry to do
so for the purpose of investigating the affairs of that person
carrying on the business of banking or of the customer, being an
entity in terms of article 418.
Cap. 377.
(4) Subject to the provisions of sub-article (3), nothing
contained in the Professional Secrecy Act shall be construed as
precluding or otherwise restricting -
(a) the powers and functions assigned to the Registrar or
to an inspector appointed by him under the provisions
of this Part; and
264 CAP. 386.] COMP ANIES
(b) the disclosure by any person of information,
documentation or other communication to the
Registrar or to an inspector appointed by him, or the
doing of anything required to be done, by virtue of any
of the provisions of this Part.
Right to inspect
and obtain copies
of documents, etc.,
kept by Registrar.
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