COMPANIES ACT (NORTHERN IRELAND) 1960 - SECT 161 Production of documents, and evidence, on investigation.

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COMPANIES ACT (NORTHERN IRELAND) 1960 - SECT 161

Production of documents, and evidence, on investigation.

161.(1) It shall 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
investigated by virtue of section one hundred and sixty to produce to the
inspectors 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 [to
attend before the inspectors when required so to do] and otherwise to give to
the inspectors all assistance in connection with the investigation which they
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 its business, and may administer an oath
accordingly.

(3) If any officer or agent of the company or other body corporate refuses to
produce to the inspectors any book or document which it is his duty under this
section so to produce [refuses to attend before the inspectors when required
so to do], or refuses to answer any question which is put to him by the
inspectors with respect to the affairs of the company or other body corporate,
as the case may be, the inspectors may certify the refusal under their hand to
the court, and the court may thereupon inquire into the case, and after
hearing any witnesses who may be produced against or on behalf of [the alleged
offender and after hearing any statement which may be offered in defence,
punish the offender in like manner as if he had been guilty of contempt of
the court.]

(4) Subject to sub-section (5), if an inspector thinks it necessary for the
purpose of his investigation that a person whom he has no power to examine on
oath should be so examined, he may apply to the court and the court may if it
sees fit order that person to attend and be examined on oath before it on any
matter relevant to the investigation, and on any such examination

(a)the inspector may take part therein either personally or by solicitor or
counsel;

(b)the court may put such questions to the person examined as the court thinks
fit;

(c)the person examined shall answer all such questions as the court may put or
allow to be put to him, but may at his own cost employ a solicitor with or
without counsel, who shall be at liberty to put to him such questions as
the court may deem just for the purpose of enabling him to explain or qualify
any answers given by him;

(5) Notwithstanding anything in paragraph (c) of sub-section (4), the court
may allow the person examined such costs as in its discretion it may think
fit, and any costs so allowed shall be paid as part of the expenses of the
investigation.

(6) In this section, any reference to officers or to agents shall include
past, as well as present, officers or agents, as the case may be, and for the
purposes of this section "agents", in relation to a company or other body
corporate shall include the bankers and solicitors of the company or other
body corporate and any persons employed by the company or other body corporate
as auditors, whether those persons are or are not officers of the company or
other body corporate.

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Northern Irish Legislation

COMPANIES ACT (NORTHERN IRELAND) 1960 - SECT 161