s 348 Power of Commission to require production of books
(1) The Commission may, at any time, if it considers there is sufficient reason to do so, by writing— (a) give a direction to— (i) an exchange holding company, a stock exchange or a futures exchange; (ii) a member of the board of an exchange holding company, a stock exchange or a futures exchange; (iii) a person who is or has been either alone or together with another person or other persons, a holder of a Capital Markets Services License; (iv) a nominee controlled by a person referred to in subparagraph (iii) or jointly controlled by two or more persons at least one of whom is a person referred to in that subparagraph; or (v) a person who is or has been an officer or employee of, or an agent, advocate and solicitor, auditor or other person acting in any capacity for or on behalf of, an exchange holding company, a stock exchange, a futures exchange or a person referred to in subparagraph (ii), (iii) or (iv), requiring the production, to the Commission, of such books as are so specified, being books relating to— (A) the business or affairs of an exchange holding company, a stock exchange or of a futures exchange, as the case may be; (B) any dealing in securities or trading in futures contracts; (C) any advice concerning any securities or futures contracts or the issuing or publication of a report or analysis concerning any securities or futures contracts; (D) the character or financial position of, or any business carried on by, a person referred to in subparagraph (iii) or (iv); or (E) an audit of, or any report of an auditor concerning, a dealing in securities or any accounts or records of the holder of a Capital Markets Services License; or (b) g i v e a d i r e c t i o n t o a n y p e r s o n r e q u i r i n g t h e production, to the Commission, of any books relating to matters mentioned in subparagraph (a)(A), (B), (C), (D) or (E) that are in the custody or under the control of that person: Provided that the books shall not be required to be produced at such times and at such places as shall interfere with the proper conduct of the normal daily business of that person. (2) A reference in subsection (1) to a dealing in securities or to a business carried on by a person includes a reference to a dealing in securities by a person as trustee or to a business carried on by a person as a trustee, as the case may be. (3) Where the Commission requires the production of any books under this section and a person has a lien on the books, the production of the books does not prejudice the lien. (4) Where the Commission exercises a power under this section to require another person to produce books— (a) if the books are produced, the Commission— (i) may take possession of the books and make copies of, or take extracts from, the books; (ii) may require the other person or any person who was party to the compilation of the books to make a statement providing an explanation of any of the books; (iii) may retain possession of the books for as long as the Commission may consider necessary; and (iv) shall permit the other person, upon giving a reasonable notice and specifications of the books, to have access to such books which are in the possession of the Commission; or (b) if the books are not produced, the Commission may require the other person— (i) to state, to the best of his knowledge and belief, where the books may be found; and (ii) to identify the person who, to the best of his knowledge and belief, last had custody of the books and to state, to the best of his knowledge and belief, where that last-mentioned person may be found. (5) A power conferred by this section to make a requirement of a person extends, if the person is a body corporate, including a body corporate that is in the course of being wound up, or was a body corporate, being a body corporate that has been dissolved, to making that requirement of any person who is or has been an officer of the body corporate. (6) If it appears to a Magistrate, upon written information on oath and after any enquiry he considers necessary, that there are reasonable cause to believe that there are books on particular premises, the production of which has been required by virtue of this section, and which have not been produced in compliance with that requirement, the Magistrate may issue a warrant authorizing the Commission or any person named in the warrant, with or without assistance— (a) to search the premises, to break open and search any cupboard, drawer, chest, box, package or other receptacle, whether a fixture or not, in the premises; and (b) to take possession of, or secure against interference, any books that appear to be books, the production of which was required. (7) The powers conferred under subsection (6) are in addition to, and not in derogation of, any other powers conferred by law. (8) In this section, “premises” includes any structure, building, aircraft, vehicle, vessel or place.