Law library · Sierra Leone · The Companies Act, 2009
Section 80, The Companies Act, 2009
In forceThe Companies Act, 2009, Sierra Leone
(1) Notwithstanding section 81, a public company mayby notice in writing require any member of the company, within such
reasonable time as is specified in the notice–
close register.
rectify
Trust not
to be entered
on register.
Register to be
evidence.
require disclosure.
56 57
(a) to indicate in writing the capacity in which
he holds any shares in the company; and
(b) if he holds them otherwise than as beneficial
owner, to indicate in writing the particulars
of the identity of persons interested in the
shares in question and whether persons
interested in the same shares are parties to
any agreement or arrangement relating to the
exercise of any rights conferred by the
holding of the shares.
(2) Where a company is informed in pursuance of a notice
given to any person under subsection (1), or under this subsection
that any other person has an interest in any shares in the company,
the company may, by notice in writing, require that other person
within such reasonable time as is specified in the notice–
(a) to indicate in writing the capacity in which
he holds that interest;
(b) if he holds it otherwise than as beneficial
owner, to indicate in writing, so far as it lies
within his knowledge, the persons who have
any interests in them (either by name and
address or by other particulars sufficient to
enable them to be identified) and the nature
of their interests.
(3) Whenever a company receives information from a
person in pursuance of a requirement imposed on him under this
section with respect to shares held by a member of the company, it
shall be under an obligation to inscribe against the name of the member
in the register of members–
(a) the fact that the requirement was imposed;
(b) the information received in pursuance of the
requirement.
(4) Subject to subsection (5), any person who–
(a) fails to comply with a notice under this
section; or
(b) in purported compliance with such a notice,
makes any statement which he knows to be
false in a material particular or recklessly makes
any statement which is false in a material
particular,
shall be guilty of an offence and liable to imprisonment for a term not
exceeding 6 months or to a fine of Le500,000 for each day during
which the default continues.
(5) A person shall not be guilty of an offence under
paragraph (a) of subsection (4), if he proves that the information in
question was already in the possession of the company or that the
requirement to give it was for any other reason frivolous or vexatious.
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