Section 232 - Production of documents and evidence

(1) The officers and agents of the company and the officers and agents of any other body corporate whose affairs are investigated by virtue of section 231

(a) shall produce to the inspectors the books and the documents of or relating to the company or the other body corporate which are in the custody or power of those officers and agents, or

(b) shall otherwise give to the inspectors the assistance in connection with the investigation which the officers and agents are reasonably able to give.

(2) An inspector may examine on oath the officers and agents of the company or other body corporate in relation to the business of the company or that other body corporate and may administer an oath accordingly.

(3) Where an officer or agent of the company or other body corporate,

(a) destroys or refuses to produce to the inspectors a book or document which is the duty of that officer or agent under this section so to produce, or

(b) refuses to answer a question which is put to that officer or agent by the inspectors with respect to the affairs of the company or other body corporate,

the inspectors may certify the facts in writing to the Court, and the Court may inquire into the case, and after hearing the witnesses who may be produced against or on behalf of the alleged offender, and after hearing the statement which may be offered in defence, punish the offender, where found liable, as if the offender had been guilty of contempt of the Court.

(4) Where an inspector considers it necessary for the purposes of the investigation that a person whom the inspector does not have a power to examine on oath should be so examined, the inspector may apply to the Court and the Court may order that person to attend and be examined on oath before the Court on a matter relevant to the investigation.

(5) On examination,

(a) the inspector may take part personally or be represented by a legal practitioner;

(b) the Court may put the questions that the Court considers appropriate to the person examined; and

(c) the person examined shall answer the questions that the Court may put or allow to be put to that person who may at a personal cost employ a legal practitioner, who shall be at liberty to put to that person questions that the Court may consider just for the purpose of enabling that person to explain or qualify an answer given by that person; and notes of the examination shall be taken down in writing, and shall be read over to or by, and signed by, the person examined, and may be used in evidence against that person.

(6) Despite anything in paragraph (c) of subsection (5), the Court may allow costs to the person examined, and the costs so allowed shall be paid as part of the expenses of the investigation.

(7) In this section, a reference to officers or to agents includes past, as well as present, officers or agents, and for the purposes of this section, “agents” in relation to a company or other body corporate includes the bankers or legal practitioners of the company or other body corporate and a person employed by the company or other body corporate as auditor.