Law library · Sierra Leone · The Companies Act, 2009
Section 270, The Companies Act, 2009
In forceThe Companies Act, 2009, Sierra Leone
(1) When an inspector is appointed under section 268, itshall be the duty of all officers and agents of the company, and of all
officers and agents of any other body corporate whose affairs are
being investigated under section 268–
(a) to produce to the inspector all books and
documents of or relating to the company or,
as the case may be, the other body corporate
which are in their custody or power;
(b) to attend before the inspector when required
to do so; and
(c ) otherwise to give the inspector all assistance
in connection with the investigation which
he is reasonably able to give.
(2) If the inspector considers that a person other than an
officer or agent of the company or other body corporate is or may be
in possession of information concerning its affairs, he may require
that person to produce to him any books or documents in his custody
or power relating to the company or other body corporate, and to
attend before him otherwise to give him all assistance in connection
with the investigation which he is reasonably able to give; and it is
that person’s duty to comply with the requirement.
(3) An inspector may examine on oath the officers and
agents of the company or other body corporate, and such person as
is mentioned in subsection (2) in relation to the affairs of the company
or other body, and administer an oath accordingly.
Inspector’s
powers during
investigation.
Production of
documents
and evidence
to inspectors.
198 199
(4) In this section, a reference to officers or to agents
includes past, as well as present, officers or agents and “agents” in
relation to a company or other body corporate, includes its bankers
and persons employed by it as auditors, whether these persons are
or are not officers of the company or other body corporate.
(5) An answer given by a person to a question put to him
in the exercise of powers conferred by this section (whether it has
effect in relation to an investigation under section 268 as applied by
any other section in this Act) may be used in evidence against him.
(6) If any officer or agent of a company or body
corporate–
(a) refuses to produce to the inspectors any book
or document which it is his duty to produce;
(b) refuses to answer any question which is put
to him by the inspectors with respect to the
affairs of the company or body corporate,
the inspectors may certify the refusal under his hand to the court
and it may then enquire into the case; and after hearing any witnesses
who may be produced against or on behalf of the alleged offender or
hearing any statement which may be offered in defence, the court
may punish the offender in the same manner as if he had been guilty
of contempt of the court
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