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Section 371 Companies and Allied Matters Act (CAMA) 2020

Section 371 CAMA 2020

Section 371 Companies and Allied Matters Act is about Power to require information as to persons interested in shares, etc. It is under Chapter 13 (Protection of minority against illegal and oppressive conduct action by or against the company) of the Act.

(1) Where it is made to appear to the Commission that there is good reason to investigate the ownership of any share in or debenture of a company and that it is unnecessary to appoint an inspector for the purpose, the Commission may require any person who it has reasonable cause to believe to—

(a) be or to have been interested in those shares or debentures ;

(b) act or to have acted in relation to those shares or debentures as a legal practitioner or an agent of someone interested therein ; or

(c) give to the Commission any information which the person has or might reasonably be expected to obtain as to the present and past interest in those shares or debentures and the names and addresses of the persons interested, and of any persons who act or have acted on their behalf in relation to the shares or debentures.

(2) For the purposes of this section, a person is deemed to have an interest in a share or debenture if he has any right to acquire or dispose of the share or debenture or any interest therein or to vote in respect thereof, or if his consent is necessary for the exercise of any of the rights of other persons interested therein, or if other persons interested therein can be required or are accustomed to exercise their rights in accordance with his instructions.

See also  Section 188 Companies and Allied Matters Act (CAMA) 2020

(3) Any person who fails to give any information required of him under this section, or who, in giving any such information, makes any statement which he knows to be false, or recklessly makes any statement which is false commits an offence and liable to a penalty as the Commission shall specify inits regulations.

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