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Contents

Part III · Issue of Securities

85. Power of the Commission to require the production of documents

Official English translation. The Sinhala text prevails. Open the official Sinhala text, official PDF on documents.gov.lk

(1)

Where it appears to the Commission from the disclosures made to the public that -

(a)

there exist circumstances that the business of a listed public company has been conducted–

(i)

in a manner that contravenes the provisions of this Act, regulations, rules or directives made thereunder or rules of a market institution; or

(ii)

in a manner, prejudicial to interest of investors;

(b)

there exist circumstances that the company was listed for a fraudulent or unlawful purpose;

(c)

there exist circumstances that the persons concerned with the listing of a company or the management of its affairs in relation to the listing have been guilty of fraud, wrongdoing or other misconduct; or

(d)

there exist circumstances that the director or management of a listed public company have intentionally suppressed information with respect to the affairs of the company that is required to be provided under this Act, regulations, rules or directives made thereunder or as may reasonably be expected to be released to the public, the Commission may issue directives to the listed public company requiring such company to produce the documents, electronic records or other information specified in the directive at a specified time and place in order to conduct an inquiry or investigation into the matters specified in the preceding provisions.

(2)

The Commission may delegate its authority under subsection (1) to any person to require the submission of documents, electronic records or any other information for the purposes of subsection (1).

(3)

The Commission or an authorised person may also require the production of such documents and electronic records in relation to the listed public company which is the subject of an inquiry or investigation, from any person who is in possession of them.

(4)

Where such documents or electronic records referred to in subsections (1), (2) and (3) are produced, the

Commission or the authorised officer shall require the listed public company–

(a)

to require that person or any other person who is a present or past officer of the listed public company or was at any time employed by the listed public company to provide an explanation of such documents and electronic records; and

(b)

where the records and documents and electronic records are not produced as required, the person required to produce such records, documents or electronic records to give reasons for such failure;

or

(c)

where the documents and electronic records are not produced, the person required to produce them shall disclose its location to the best of his knowledge and belief.

(5)

Where any listed public company fails to comply with this section, the Commission shall issue a directive to the listed public company under section 86 of this Act.

Part IV

Trade In Unlisted Securities

Part V

Market Misconduct

Part VI

Finance

Part VII

General