Companies.
it is his duty under this section so to produce, or refuses to answer any question which is put to him by the inspectors with respect to the affairs of the company, 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.
(6) On the conclusion of the investigation the inspectors shall report their opinion to the court which shall direct that a copy of the report be forwarded to the registered office of the company. A further copy shall, at the request of the applicants for the investigation, be delivered to them. The report shall be written or printed, as the court may direct.
135. (1) If from any report made under the last foregoing section it appears to the court that any person has been guilty of any offence in relation to the company for which he is criminally liable, the court may direct that the matter shall be referred to the Attorney General.
(2) If where any matter is referred to the Attorney General under this section he considers that the case is one in which a prosecution ought to be instituted and, further, that it is desirable in the public interest that the proceedings in the prosecution should be conducted by him, he shall institute proceedings accordingly, and it shall be the duty of all officers and agents of the company, past and present (other than the defendant in the proceedings), to give to him all assistance in connexion with the prosecution which they are reasonably able to give.
For the purposes of this subsection, the expression agents in relation to a company shall be deemed to include the bankers and solicitors of the company and any persons employed by the company as auditors, whether those persons are or are not officers of the company.
(3) The expenses of and incidental to an investigation under the last preceding section (in this subsection referred to as the expenses) shall be defrayed as follows—
[CAP. 32
Proceedings inspectors. c. 23, s. 136,
on report by
19 & 20 Geo. 5,
:
- 103 -
Companies.
it is his duty under this section so to produce, or refuses to answer any question which is put to him by the inspec- tors with respect to the affairs of the company, the inspec- tors 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 con- tempt of the court.
(6) On the conclusion of the investigation the inspec- tors shall report their opinion to the court which shall direct that a copy of the report be forwarded to the registered office of the company. A further copy shall, at the request of the applicants for the investigation, be delivered to them. The report shall be written or printed, as the court may direct.
135. (1) If from any report made under the last fore- going section it appears to the court that any person has been guilty, of any offence in relation to the company for which he is criminally liable, the court may direct that the matter shall be referred to the Attorney General.
(2) If where any matter is referred to the Attorney General under this section he considers that the case is one in which a prosecution ought to be instituted and, further, that it is desirable in the public interest that the proceed- ings in the prosecution should be conducted by him, he shall institute proceedings accordingly, and it shall be the duty of all officers and agents of the company, past and present (other than the defendant in the proceedings), to give to him all assistance in connexion with the prosecu- tion which they are reasonably able to give.
For the purposes of this subsection, the expression agents in relation to a company shall be deemed to include the bankers and solicitors of the company and any persons employed by the company as auditors, whether those persons are or are not officers of the company.
(3) The expenses of and incidental to an investigation under the last preceding section (in this subsection referred to as the expenses) shall be defrayed as follows—
[САР.. 32
Proceedings inspectors. c. 23, s. 136,
on report by
19 & 20 Geo. 5,
:
- 103
-
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