Variable Capital Companies Act 2018 · 2020 Revised Edition · Part 13 · General Provisions
156. Production and inspection of books or papers where offence suspected
Feedback & supportIf, on an application made to a judge of the Court in chambers by or on behalf of the Minister, there is shown to be reasonable cause to believe that —
a person has, while an officer of a VCC, committed an offence in connection with the management of the VCC’s affairs; and
evidence of the commission of the offence is to be found in any books or papers of or under the control of the VCC,an order may be made —
authorising any person named in it to inspect such books or papers or any of them for the purpose of investigating and obtaining evidence of the offence; or
requiring the secretary or such other officer as is named in the order to produce such books or papers or any of them to a person named in the order at a place so named.
For the purposes of subsection (1), a reference to an officer of a VCC includes the manager of the VCC.
officer
“officer”, in relation to a VCC or other corporation, includes —(a)any director or secretary of the corporation or a person employed in an executive capacity by the corporation;(b)a receiver and manager of any part of the undertaking of the corporation appointed under a power contained in any instrument; and(c)any liquidator of the corporation (being a VCC or company) appointed in a voluntary winding up,but does not include —(d)any receiver who is not also a manager;(e)any receiver and manager appointed by the Court;(f)any liquidator appointed by the Court or by the creditors; or(g)a judicial manager appointed by the Court under Part 8A of the Companies Act 1967 (if applicable);
No appeal lies against any order or decision of a judge under subsection (1).
This section does not apply to any offence under Part 7.