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Law library · Sierra Leone · The Companies Act, 2009

Section 276, The Companies Act, 2009

In forceThe Companies Act, 2009, Sierra Leone

(1) Where it appears to the Commission, that there isgood reason to do so, it may appoint one or more competent inspectors to investigate and report on the membership of any company and otherwise with respect to the company for the purpose of determining the true persons who are or have been financially interested in the success or failure of the company or able to control or materially to influence the policy of thecompany. Criminal proceedings on report by inspector. bring civil proceedings. Inspector’s report to be used as evidence in legal proceedings. Appointment, etc. of inspectors to investigate ownership of 202 203 (2) The appointment of an inspector under this section may define the scope of his investigation, with regard to the matter or the period to which it is to extend or otherwise and in particular may limit his investigation to matters connected with particular shares or (3) Where an application for an investigation under this section with respect to particular shares or debentures of a company is made to the Commission by members of the company and the number of applicants or the amount of the shares held by them is not less than that required for an application for the appointment of an inspector under paragraphs (a) and (b) of subsection (1) of section 268– (a) the Commission shall appoint an inspector to conduct the investigation unless it is satisfied that the application is vexatious; and (b) the inspector’s appointment shall not exclude from the scope of his investigation any matter which the application seeks to include except in so far as the Commission is satisfied that it is reasonable for the matter to be investigated. (4) Subject to the terms of an inspector’s appointment, his powers shall extend to the investigation of any circumstances suggesting the existence of an arrangement or understanding which, though not legally binding, is or was observed or likely to be observed in practice and which is relevant to the purposes of his investigation.

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