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

Companies Regulations, 2011

Chapter 7 : Complaints, Applications and Tribunal Hearings

Part D : Commission or Panel Complaint and Investigation Procedures

137. Investigation of complaints

 

 

See sections 169 and 176 to 179

 

(1) A notice to investigate issued by the Commission or the Panel in terms of section 169 (1)(c) must be in Form CoR 137.1

 

(2) A summons issued by the Commission or the Panel in terms of section 176 (1) must be in Form CoR 137 .2.

 

(3) If a person to whom a summons has been issued is required to produce in evidence any document or thing in the witness's possession, the summons must specify the document or thing to be produced.

 

(4) After the summons has been issued, it must be served by the sheriff in any manner authorised by the High Court Rules.

 

(5) A person who has been required to produce any document or thing to the Commission must hand it over to the recording officer as soon as possible after service of the summons, unless the person claims that the document or thing is privileged.

 

(6) At any time during an investigation, the Commission or the Panel, as the case may be, may—
(a) informally request additional information from a party; or
(b) require a party to provide additional information, at any time, by delivering to the party a demand in Form 137.3, setting out the specific information that is required.

 

(7) If, at any time, the Commission or the Panel has reasonable grounds to believe that a document filed in respect of an investigation contains false or misleading information, the Commission or Panel may issue a Demand for Corrected Information in Form 137.4 to the person who filed that document.

 

(8) Within 5 business days after being served with a Demand for Corrected Information, the person concerned may apply to the Tribunal for an order confirming or setting aside the Demand.

 

(9) If a person does not apply to the Tribunal within the time allowed by sub-regulation (8) or, if the Tribunal, on hearing the appeal, partially or entirely confirms the Demand, the person concerned must file corrected information.

 

(10) If the Tribunal, on hearing an application in terms of sub-regulation (8), sets aside the Demand entirely, the Demand is a nullity.