Clause 12

Any company all of the shares in which are listed for quotation on the official list of a Stock Exchange (as defined in the Securities Industry Act, 1973 (Act 17 of 1973)) may by notice in writing require any member of the company within such reasonable time as is specified in the notice —

to inform it whether he holds any voting shares in the company as beneficial owner or as trustee; and

if he holds them as trustee, to indicate so far as he can the persons for whom he holds them (either by name or by other particulars sufficient to enable those persons to be identified) and the nature of their interest.(2) Where a company is informed in pursuance of a notice given to any person under subsection (1) of this section or under this subsection that any other person has an interest in any of the voting shares in a company, the company may by notice in writing require that other person within such reasonable time as is specified in the notice —

to inform it whether he holds that interest as beneficial owner or as trustee; and

if he holds it as trustee, to indicate so far as he can the persons for whom he holds it (either by name or by other particulars sufficient to enable them to be identified) and the nature of their interest.(3) Any company to which this section applies may by notice in writing require any member of the company to inform it, within such reasonable time as is specified in the notice, whether any of the voting rights carried by any voting shares in the company held by him are the subject of an agreement or arrangement under which another person is entitled to control his exercise of those rights and, if so, to give particulars of the agreement or arrangement and the parties to it.(4) Whenever a company receives information from a person in pursuance of a requirement imposed on him under this section with respect to shares held by a member of the company, it shall be under an obligation to inscribe against the name of that member in a separate part of the register kept by it under section 69J —

the fact that the requirement was imposed and the date on which it was imposed; and

the information received in pursuance of the requirement.(5) The provisions of section 69J shall apply in relation to the part of the register referred to in subsection (4) of this section as they apply in relation to the remainder of the register and as if references to subsection (1) of that section included references to subsection (4) of this section.(6) Subject to subsection (7) of this section, any person who —

fails to comply with a notice under this section; or

in purported compliance with such a notice makes any statement which he knows to be false in a material particular or recklessly makes any statement which is false in a material particular,shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding two years or to a fine not exceeding five thousand dollars.(7) A person shall not be guilty of an offence under subsection (6)(a) of this section if he proves that the information in question was already in the possession of the company or that the requirement to give it was for any other reason frivolous or vexatious.”.