Cap. 386 Art. 418Registrar’s powers to require production of documents.

(1) The powers arising under this article shall be exercisable in relation to the following persons with regard to the respective entity as follows:

(a) (i) the officers of a company;

(ii) the partners having the administration or representation of any other commercial partnership; and

(b) the persons having the administration or control in Malta of, or any individuals authorised to represent in Malta a body corporate constituted or incorporated outside Malta which is carrying on business in Malta or has at any time carried on business in Malta.

(2) The Registrar may at any time, if he thinks there is good reason to do so, in the exercise of the duties and powers vested in him under this Part, give directions to any person referred to in sub-article (1) requiring him, at such time and place as may be specified in the directions, to produce such accounts, accounting records or documents as may be so specified.

(3) Where by virtue of sub-article (2) the Registrar has power to require the production of accounts, accounting records or documents from any person referred to in sub-article (1), he shall have the like power to require production of those accounts, accounting records or documents from any person who appears to him to be in possession of them; provided that where any such person claims a privilege or other charge on accounts, accounting records or documents produced by him, the production shall be without prejudice to that privilege or charge.

(4) The power under this article to require a person referred to in sub-article (1) or other person to produce accounts, accounting records or documents shall include the power -

(a) if the accounts, accounting records or documents are produced -

(i) to take copies of or extracts from them; and

(ii) to require that person, or any other person who is a present or past officer of, or is or was at any time employed by the entity in question, to provide an explanation of any of them;

(b) if the accounts, accounting records or documents are not produced, to require the person who was required to produce them to state, to the best of his knowledge and belief, where they are.

(5) If the requirement to produce accounts, accounting records or documents or to provide an explanation or to make a statement is not complied with, the person on whom the requirement was so imposed shall be guilty of an offenceand liable on conviction to a fine (multa) of not more than eleven thousand and six hundred and forty-six euro (€11,646).

(6) Where a person is charged with an offence under sub-article

(5) in respect of a requirement to produce any accounts, accounting records or documents, it shall be a defence to prove that they were not in his possession or under his control and that it was not reasonably practicable for him to comply with the requirement.