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Section 865 Companies and Allied Matters Act (CAMA) 2020

Section 865 CAMA 2020

Section 865 Companies and Allied Matters Act is about Access to premises,etc. It is under Chapter 2 (Miscellaneous and supplemental) of the Act.

(1) An authorised officer of the Commission shall at all reasonable times have access to premises, buildings, offices, places, books or documents in the custody or under the control of any officer of the company, firm,corporation or any other individual for the purpose of inspecting books or documents or where there is reason to believe that the provisions of this Act are being contravened.

(2) The powers of an authorised officer under this section shall also extend to the inspection of books or documents, including those stored or maintained in computers or on digital, magnetic, optical or electronic media and any other property, process or matter found on the premises, building,offices or place which the officer considers necessary or relevant for thepurpose of any inspection and may without the payment of any fee, makeextract from, or copies from such books or documents.

(3) The occupier of the premises, building or place that is entered upon or proposed to be entered upon shall—

(a) provide the authorised officer with all reasonable facilities and assistance for the exercise of the powers under this section ;

(b) answer questions relating to the effective exercise of the powersunder this section, orally or if required by the authorised officer, in writingor by statutory declaration.

(4) The Commission may engage the services of any of the law enforcement agencies in the discharge of its functions under this section.

See also  Section 676 Companies and Allied Matters Act (CAMA) 2020

(5) Any person who—

(a) obstructs, hinders, prevents or assaults an authorised officer in the performance of any function or the exercise of any power under this section ;

(b) does anything which impedes or is intended to impede the sealing up of premises or removal of books or documents or any other article for the purpose of investigation of any contravention of the provisions of this Act or its regulations,

(c) does anything intended to prevent the procuring or giving of evidence in connection with the prosecution for any breach of the provisions of this Act, or

(d) prevents the arrest of any person by a person duly engaged for that purpose or rescues any person so arrested,commits an offence and be liable on conviction to a fine as the Court deems fit or imprisonment for a term not exceeding 12 months or to both.

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