Section 326 CAMA 2020

Section 326 Companies and Allied Matters Act is about Permitted use or disclosure by the Commission. It is under Chapter 11 (Directors) of the Act.

(1) The Commission may use protected information for communicating with the director in question.

(2) The Commission may disclose protected information—

(a) to a public authority specified for the purposes of this section by regulations made by the Minister ; or

(b) to a credit reference agency.

(3) The Minister may make provision by regulations—

(a) specifying conditions for the disclosure of protected information in accordance with this section ; and

(b) providing for the charging of fees.

(4) The Minister may make provision by regulations requiring the Commission, on application, to refrain from disclosing protected information relating to a director to a credit reference agency.

(5) Regulations under subsection (4) may make provision as to—

(a) who may make an application ;

(b) the grounds on which an application may be made ;

(c) the information to be included in and documents to accompany an application ; and

(d) how an application is to be determined.

(6) Provision under subsection (5) (d) may in particular—

(a) confer a discretion on the Commission ; and

(b) provide for a question to be referred to a person other than the Commission for the purposes of determining the application.

(7) In this section—

(a) “credit reference agency” means a person carrying on a business comprising the furnishing of information relevant to the financial standing of individuals, being information collected by the agency for that purpose ; and

(b) “public authority” includes any person or body having functions ofa public nature.