Document ID: chunk:federal_register_of_legislation:C2004A02490:body:0:p32
Version: federal_register_of_legislation:C2004A02490
Segment Type: other
Provision Reference: 
Character Range: 78742–81428

has reason to believe that a person is capable of supplying information, or producing documents, considered by the Tribunal to be necessary to enable it to exercise any of its powers, or perform any of its functions or duties, under this Division, the Tribunal may, by notice in writing served on the person, require the person to supply any such information, or produce any such documents, within a specified period (not being less than 21 days after the date of service of the notice) or within such further period as the Tribunal, on application, allows by notice in writing served on the person within that specified period.
"(2) A person who fails to comply with a requirement in a notice served on him under sub-section (1) is guilty of a separate offence in respect of each day (including a day of a conviction under this sub-section or any subsequent day) during which the failure continues.
"(3) A person shall be taken not to comply with a requirement made under sub-section (1) if, in purported compliance with the requirement, he supplies information, or (except as provided in the requirement) produces a document, that—
     (a) is false or misleading in a material particular; or
     (b) is misleading in a material respect by reason of the omission of any matter or thing.

"(4) In this section, 'document' has the meaning defined by sub-section 106b (6).".

Tracing of shareholding interests through a series of companies
29. Section 91a of the Principal Act is amended by inserting in sub-section (1) "and sub-sections 92d (2), (5) and (6)" after "92b".

30. After section 91b of the Principal Act the following sections are inserted:

Registered lenders
"91c. (1) The Tribunal shall keep a register for the purposes of this section.
"(2) The Tribunal may, in its discretion, but subject to sub-section (3), upon application by a person in accordance with the form approved by the Tribunal, register the person for the purposes of this section.

"(3) The Tribunal shall not register a person for the purposes of this section unless it is satisfied that the person is not, and is not likely to be, whether alone or in association with any other person or persons, in a position to exercise, either directly or indirectly, a significant influence on any company holding a licence.
"(4) The Tribunal shall register a person by entering in the register—
     (a) particulars of—
          (i) the name and address of the person;
          (ii) where the person is a body corporate—the names of the directors and secretary of the body corporate; and
          (iii) if the person has a loan interest in a company holding a licence—the name of the company and the amount of