Sri Lanka Consolidated Acts

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Finance Companies Act (No. 78 of 1988) - Sect 12

Power of Director to examine book and accounts of finance company

12,
(1) The Director may, at any time, examine or authorize any officer of his department to examine, the books and accounts of any finance company.
(2) The report on any such examination shall be furnished to the Governor of the Central Bank of Sri Lanka by the Director as soon as such examination is completed. The Director may recover the costs of such examination from the finance company.
(3) It shall be lawful for the Director or any officer authorized by him
(a) to administer, in accordance with the Oaths Ordinance, oaths or affirmations to any director, manager, secretary, employee or auditor of any finance company:
(b) to require any director, manager, secretary, employee or auditor of any finance company to furnish all such information restating to the affairs of the company, as the Director or any officer authorized by him may consider necessary to ascertain, for the purpose of this Act;
(c) to require any director, manager, secretary, employee or auditor of any finance company to produce for inspection any books, records or documents relating to the affairs of the company, in his possession or custody, likely to contain any such information;
(d) in any ease where there is evidence of mismanagement by a finance company, to require any director, manager or secretary of such finance company to submit the accounts of the finance company for audit by an auditor authorized by the Director and to require the finance company to furnish such information, or produce such books, records or documents and to pay such fees, as may foe specified or authorized by the Director, to such auditor.
(4) It shall be the duty of every director, manager, secretary, employee or any auditor of any finance company to comply with any requirement imposed on him under this section and to afford to the Director or to any officer authorized by him, or to any auditor authorized by him under paragraph (d) of subsection (3), access to all books and records of that finance company including its cash balances, assets and liabilities whenever requested to do so by the Director.
(5) The Director may, where he considers it necessary to ascertain the true condition of the affairs of a finance company and to ascertain whether such finance company is carrying on business in a manner detrimental to its present or future depositors, by notice in writing require any person whom he considers to have information relating to the finance company, to furnish such information to him. or to any officer authorized by him or to any auditor authorized by him under paragraph (d) of subsection (3) or to attend in person before him or any officer authorized by him, at such place and at such date and time as may be specified in such notice, so that the person may be examined on. such matters as may be specified in such notice.
(6) For the purpose of ascertaining the true condition of the affairs of the finance company, the Director may if he thinks it necessary for the purposes of an examination under subsection (5), also examine the business of any company which is or has at any relevant time been
(a) a holding company or subsidiary company of the finance company under examination;
(b) a subsidiary company of a holding company of that finance company;
(c) an associate company of that finance company,


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