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Companies Act, 2008 (Act No. 71 of 2008)

Chapter 8 : Regulatory Agencies and Administration of Act

Part E : Administrative provisions applicable to agencies

212. Confidential information

 

 

1) When submitting information to the Commission, the Panel, the Companies Tribunal, the Council, or an inspector or investigator appointed in terms of this Act, a person may claim that all or part of that information is confidential.

 

2) Any claim contemplated in subsection (1) must be supported by a written statement explaining why the information is confidential.

 

3) The Commission, Panel, Companies Tribunal, Council, inspector or investigator, as the case may be, must—
a) consider a claim made in terms of subsection (1); and
b) as soon as practicable, make a decision on the confidentiality of the information and access to that information, and provide written reasons for that decision.

 

4) Section 172, read with the changes required by the context, applies to a decision in terms of subsection (3).

 

5) When making any ruling, decision or order in terms of this Act, the Commission, the Panel, the Companies Tribunal or the Council may take confidential information into account.

 

6) If any reasons for a decision in terms of this Act would reveal any confidential information, the Commission, the Panel, the Companies Tribunal or the Council, as the case may be, must provide a copy of the proposed reasons to the party claiming confidentiality at least 10 business days before publishing those reasons.

 

7) Within five business days after receiving a copy of proposed reasons in terms of subsection (6), a party may apply to a court for an appropriate order to protect the confidentiality of the relevant information.