Section 23: Permitted disclosures

23. Permitted disclosures Notwithstanding section 21, a person shall not be entitled to refuse to disclose any information or document— (a) which the depositor, or his personal representative, has given permission in writing to disclose; (b) in a case where the depositor is declared a bankrupt, or, if the depositor is a corporation, the corporation is being or has been wound up; (c) for the purpose of instituting or, in the course of, any civil proceedings— (i) between the CDS or a participant and a depositor, relating to the securities account of the depositor; or [Issue 1] S8 – 12 Revised Laws of Mauritius (ii) between the CDS or a participant and 2 or more parties making adverse claims to securities or monies in the securities account of the depositor, where the CDS or participant seeks relief by way of interpleader; (d) to a person who makes a request in writing and who is duly authorised under any enactment to investigate an offence, such disclosure being, in any case, limited to the securities account and affairs of the depositor suspected of the offence; (e) to the CDS for purposes of the compilation of its record of depositors under section 9, or the register of substantial shareholders under section 7; (f) to an issuer in respect of a record of depositors issued under section 9; (g) for the purpose of enabling or assisting the Bank of Mauritius to discharge its functions under the Bank of Mauritius Act, the Banking Act or any other enactment; (h) for the purpose of enabling or assisting the Commission to exercise any function under this Act or the Securities Act or any other enactment or under the rules of the CDS; (i) for the purpose of enabling or assisting the Registrar to discharge his functions under this Act or the Companies Act; (j) for the purpose of enabling or assisting a stock exchange to discharge its functions in accordance with the rules of the CDS; (k) for the purpose of enabling or assisting an auditor of the CDS or a participant to discharge his functions; (l) for the purpose of enabling or assisting an investigator appointed under Part X of the Companies Act to discharge his functions; (m) in a summary or collection of information, framed in such a way so as not to enable the identity of a depositor, to whom the information relates, to be ascertained; or (n) where disclosure is otherwise required by, and is given in accordance with, the rules of the CDS. [S. 23 amended by s. 362 (4) (b) of Act 15 of 2001 w.e.f. 1 December 2001; s. 156 (4) (f) of Act 22 of 2005 w.e.f. 28 September 2007.]