Companies Ammended Act 2009 - Section 4

Amendment of section 19 of Act of 1990.

4.—(1) Section 19

(inserted by the Act of 2001) of the Act of 1990

is amended—
(a) by substituting the following subsections for subsection
(3):
(3) Where by virtue of subsection (1) the Director has
power to require the production of any books or documents
from any body, the Director shall have power to
require the production of—
(a) those books or documents from any person who
appears to the Director to be in possession of
them,
(b) copies of any books or documents of the body
from any person who appears to the Director
to be in possession of them, and
(c) subject to subsection (4), other books or documents
(whether the originals of them or
otherwise) which may relate to any books or
documents of the body from any person who
appears to the Director to be in possession of
such other books or documents,
but where any such person claims a lien on books or documents
produced by him, the production shall be without
prejudice to the lien.


(3A) Any requirement under subsection (3) shall be
made by the giving by the Director of a direction to the
person of whom the requirement is being made that
specifies—
(a) the books or documents to be produced by the
person, and
(b) the time and place at which they are to be
produced.”;
(b) in subsection (4), by substituting “subsection (3)(c)” for
“subsection (3)(b)” in each place where it occurs; and
[2009.] Companies (Amendment) Act 2009. [No. 20.]
(c) in subsection (9), by substituting “a direction under subsection
(1) or (3A)” for “a direction under subsection
(1)”.


(2) Nothing in subsection (1) shall be construed to mean that, but
for the amendment effected by it, a direction given by the Director of
Corporate Enforcement, before the passing of this Act, under section
19(3) of the Act of 1990 was limited in any way as to its effect or
extent of operation or that any books or documents produced on
foot of it to the Director of Corporate Enforcement were not lawfully
produced to him.

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