Cap. 386 Art. 423Privileged information. Cap. 12. Cap. 377.

(1) Nothing contained in articles 404 to 417 shall require the disclosure to the Registrar or to an inspector appointed by him -

(a) of communications which are privileged by virtue of the provisions of article 588 of the Code of Organization and Civil Procedure;

(b) by a company’s bankers of information on the affairs of any of their customers other than the company itself.

(2) Nothing contained in articles 418 to 422 shall be deemed to compel the production by any person as is referred to in article 588 of the Code of Organization and Civil Procedure of any document containing a communication which is privileged in accordance with that article, or shall authorise the taking of possession of any such document which is in that person’s possession.

(3) Notwithstanding the provisions of article 418, the Registrar shall not require the production by a person carrying on the business of banking of a document relating to the affairs of a customer, unless it appears to the Registrar that it is necessary to do so for the purpose of investigating the affairs of that person carrying on the business of banking or of the customer, being an entity in terms of article 418.

(4) Subject to the provisions of sub-article (3), nothing contained in the Professional Secrecy Act shall be construed as precluding or otherwise restricting -

(a) the powers and functions assigned to the Registrar or to an inspector appointed by him under the provisions of this Part; and

(b) the disclosure by any person of information, documentation or other communication to the Registrar or to an inspector appointed by him, or the doing of anything required to be done, by virtue of any of the provisions of this Part.