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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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