Section 12
Section 12
For the purpose of ascertaining whether a company or firm is complying with the provisions of this Part, the Registrar or any person
14 Laws of Malaysia ACT 370
authorized in writing by him may without the payment of any fee inspect the register required to be kept by that company or firm pursuant to this Part and any books, minute book, register, record or document kept by or on behalf of the company or firm pursuant to any written law or in the course of business and where the Registrar or person authorized has reason to believe that the company or firm is not complying with this Part, he may seize and detain any such book, register, record or document that may furnish evidence of such non-compliance.
Declaration of secrecy
(2)
No person shall make an inspection under subsection (1) unless he has made a declaration of secrecy in the form to be determined by the Registrar.
Penalties
(3)
A person—
(a)
who makes an inspection under subsection (1) before he has made a declaration under subsection (2); or
(b)
who after making a declaration under subsection (2)
makes, except for the purposes of this Part, or in the course of any criminal proceedings, a record of, or divulges or communicates to any other person any information which he has acquired by reason of such inspection, shall be guilty of an offence and shall be liable, on conviction, to a fine not exceeding five thousand ringgit.
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Penalties
(4)
A company or firm and any officer of a company or firm—
(a)
which or who on being required by the Registrar or a person so authorized to produce any such book (including minute book), register, record or document refuses to produce, avoids producing or prevents production of that book, register, record or document;
(b)
which or who on being required by the Registrar or a person so authorized to correct any error found in any such book (including minute book), register, record or document refuses or fails to correct that error; or
(c)
which or who obstructs or hinders the Registrar or person so authorized while exercising any of the powers referred to in subsection (1) of this section, shall be guilty of an offence and shall be liable, on conviction, to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three months or to both.