Cap. 637 · Crowdfunding Service Providers Act (Cap. 637)
Cap. 637 чл. 19Power to require information. Cap. 9.
PART IV
(1) The competent authority may, by notice in writing, require:
(i) any person who is or was providing, or who appears to be or to have been providing crowdfunding services, and third parties designated to perform functions in relation to the provision of crowdfunding services, and the natural or legal persons that control them or are controlled by them;
(ii) the auditors and managers of crowdfunding service providers and third parties designated to perform functions in relation to the provision of crowdfunding services; and, or
(iii) any other person who appears to be in possession of relevant information, to do all or any of the following:
(a) to furnish to the competent authority, at such time and place and in such form as it may specify, such information and documentation as it may require, including the power to require existing telephone and existing data traffic records;
(b) to furnish to the competent authority any information or documentation as it may require verified in such manner as it may specify;
(c) to attend before the competent authority, or before a person appointed by it, at such time and place as it may specify, to answer questions and provide such information and documentation as it may require;
(d) to give the competent authority any assistance which it may require and which that person is reasonably able to give.
(2) A natural or legal person making the information available to the competent authority in accordance with this article shall not be considered to be infringing any restriction on disclosure of information imposed by contract or by any legislative, regulatory or administrative provision, and shall not be subject to liability of any kind related to the provision of such information.
(3) The competent authority may take copies of any documents furnished, provided or to which it has access under this article.
(4) Where the person required to provide information or documentation under this article does not have the relevant information or documentation, he shall disclose to the competent authority where, to the best of his knowledge, that information or documentation is found, and the competent authority may require any person, whether indicated as aforesaid or not, who appears to it to be in possession of that information or documentation, to provide it.
(5) A statement made and documentation provided in pursuance of any requirement under this article may be used in evidence against the person making the statement or providing the documentation as well as against any person to whom they relate.
(6) The provisions of this article shall not apply to information or documentation which is privileged in accordance with the provisions of article 642(1) of the Criminal Code.
(7) Where the competent authority has appointed a person under sub-article (1)(c), such person shall, for the purposes of carrying out his functions under his appointment, have all the powers conferred on the competent authority by this article and a requirement imposed by him shall be deemed to be and have the same force and effect as a requirement of the competent authority.
Препраща към
- Cap. 637 чл. 642