Cap. 476 Art. 14Power to demand access to documents and telephone records.

(1) Without prejudice to any powers of the competent authority arising under any other law, in the exercise of its functions under this Act and, or under the Market Abuse

Regulation, the competent authority shall have the power to have access to any documentation in any form whatsoever and to receive a copy of it and to demand the aforesaid documentation from any person, including:

(a) any person who is or was carrying on, or who appears to be or to have been carrying on a transaction or activity regulated or prohibited by any of the provisions of this Act or the Market Abuse Regulation;

(b) any other person who appears to be in possession of relevant information or documentation; or

(c) any persons who are successively involved in the transmission of orders or conduct of the operations concerned, as well as their principals.

(2) The competent authority may, by notice in writing, require any person referred to in sub-article (1) -

(a) to furnish to the competent authority, at such time and place and in such form as it may specify, such documentation as it may require including existing telephone and existing data traffic records; and

(b) to furnish to the competent authority any aforesaid documentation verified in such manner as it may specify.

In both of the above cases, the person addressed shall comply with the request of the competent authority promptly by providing the competent authority with any documentation in his possession.

(3) The competent authority may take copies of any documentation furnished or provided to it or to which it has access under this article.

(4) Where the person required to provide documentation under this article does not have the relevant documentation, he shall be obliged to promptly disclose to the competent authority where, to the best of his knowledge, that documentation may be found and the competent authority may require any person, whether indicated as aforesaid or not, who appears to it to be in possession of it to provide such documentation.

(5) Any person requested to provide information by virtue of sub-article (2), in particular the directors and managers, by whatever name designated, or any other persons who are or have been in charge of the operations or activities at issue shall assist and shall promptly collaborate with the competent authority in order to enable it to discharge its functions, and shall collate and transmit without any undue delay such information as the competent authority may reasonably request from time to time.