Section 122: Information relating to securities transactions

122. Information relating to securities transactions (1) In relation to any securities or any securities transaction, whether undertaken in or outside Mauritius, the Chief Executive may, without prejudice to his powers under the Financial Services Act, for the purposes of ensuring compliance with any— (a) relevant Act; (b) regulations made under a relevant Act; (c) FSC Rules; (d) rules approved by the Commission; or (e) agreement or arrangement for the exchange of information, direct— (i) a person registered as the holder of securities; (ii) a person whom the Commission has reasonable grounds to suspect that he— (A) is the holder of securities; (B) has a beneficial interest in securities; or (C) has acquired or disposed of securities, whether directly or through a nominee, trustee or agent; or S7 – 47 [Issue 4] Securities Act (iii) any other person, to furnish information which the Chief Executive may, in furtherance of the objects and functions of the Commission, provide to any— (aa) securities exchange, clearing and settlement facility; (ab) public sector agency; (ac) international organisation; (ad) foreign supervisory institution; or (ae) law enforcement agency. (2) The information under subsection (1) may include— (a) the name, address, contact details and occupation of, and other particulars that are capable of establishing the identity of, any other party to the securities transaction; (b) the nature, amount and other details relating to the investment transaction; (c) any instructions given to or by another party to the securities transaction; (d) any information relating to persons who may have been associated with, or have received the proceeds of, the securities transaction; or (e) any other information that may be requested by the Commission. (3) Any person who, without reasonable cause, fails to comply with a direction under this section shall commit an offence. [S. 122 amended by s. 31 of Act 15 of 2007 w.e.f. 28 September 2007; s. 38 (b) of Act 14 of 2009 w.e.f. 30 July 2009; s. 26 (b) of Act 38 of 2011 w.e.f. 15 December 2011.] 123. — [S. 123 repealed by s. 30 of Act 15 of 2007 w.e.f. 28 September 2007.]