C2C3C1Part 13Resolutions and meetings

Annotations:

Chapter 5Additional requirements for quoted companies F1AND TRADED COMPANIES

Annotations:
Amendments (Textual)
F1

Words in Pt. 13 Ch. 5 heading inserted (3.8.2009) by The Companies (Shareholders' Rights) Regulations 2009 (S.I. 2009/1632), reg. 19(5) (with application as stated in reg. 1(2))

Independent report on poll

349Rights of independent assessor: right to information

1

The independent assessor is entitled to access to the company's records relating to—

a

any poll on which he is to report;

b

the meeting at which the poll or polls may be, or were, taken.

2

The independent assessor may require anyone who at any material time was—

a

a director or secretary of the company,

b

an employee of the company,

c

a person holding or accountable for any of the company's records,

d

a member of the company, or

e

an agent of the company,

to provide him with information or explanations for the purpose of preparing his report.

3

For this purpose “agent” includes the company's bankers, solicitors and auditor.

4

A statement made by a person in response to a requirement under this section may not be used in evidence against him in criminal proceedings except proceedings for an offence under section 350 (offences relating to provision of information).

5

A person is not required by this section to disclose information in respect of which a claim to legal professional privilege (in Scotland, to confidentiality of communications) could be maintained in legal proceedings.