Companies (Amendment) (No. 2) Act, 1999
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Amendment of section 8 of Act of 1990. |
19.—Section 8 of the Act of 1990 is hereby amended by the substitution for subsection (5) and subsection (5A) (inserted by the Companies Act, 1990 ) of the following subsections: | |
“(5) If any officer or agent of such company or other person— | ||
(a) refuses to produce to the examiner any book or document which it is his duty under this section to produce, or | ||
(b) refuses to attend before the examiner when requested to do so, or | ||
(c) refuses to answer any question which is put to him by the examiner with respect to the affairs of the company, | ||
the examiner may certify the refusal under his hand to the court, and the court may thereupon enquire into the case and, after hearing any witnesses who may be produced againsr or on behalf of the said officer, agent or other person or any statement which may be offered in defence, make any order or direction it thinks fit. | ||
(5A) Without prejudice to the generally of subsection (5), the court may, after a hearing under that subsection, make a direction— | ||
(a) to the person concerned to attend or re-attend before the examiner or produce particular books or documents or answer particular questions put to him by the examiner, or | ||
(b) that the person concerned need not produce a particular book or document or answer a particular question put to him by the examiner.”. |