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COMPANIES (NORTHERN IRELAND) ORDER 1978 - SECT 116

116.(1) Any company to which Article 114 applies may by notice in writing
require any member of the company within such reasonable time as is specified
in the notice

(a)to indicate in writing the capacity in which he holds any shares comprised
in relevant share capital of the company; and

(b)if he holds them otherwise than as beneficial owner, to indicate in writing
so far as it lies within his knowledge the persons who have an interest in
them (either by name and address or by other particulars sufficient to enable
those persons to be identified) and the nature of their interest.

(2) Where a company is informed in pursuance of a notice given to any person
under paragraph (1) or under this paragraph that any other person has an
interest in any shares comprised in relevant share capital of the company, the
company may by notice in writing require that other person within such
reasonable time as is specified in the notice

(a)to indicate in writing the capacity in which he holds that interest; and

(b)if he holds it otherwise than as beneficial owner, to indicate in writing
so far as it lies within his knowledge the persons who have an interest in it
(either by name and address or by other particulars sufficient to enable them
to be identified) and the nature of their interest.

(3) Any company to which Article 114 applies may by notice in writing require
any member of the company to indicate in writing, within such reasonable time
as is specified in the notice, whether any of the voting rights carried by any
shares comprised in relevant share capital of the company held by him are the
subject of an agreement or arrangement under which another person is entitled
to control his exercise of those rights and, if so, to give so far as it lies
within his knowledge written particulars of the agreement or arrangment and
the parties to it.

(4) Where a company is informed in pursuance of a notice given to any person
under paragraph (3) or under this paragraph that any other person is a party
to any such agreement or arrangement as is mentioned in paragraph (3), the
company may by notice in writing require that other person within such
reasonable time as is specified in the notice to give so far as it lies within
his knowledge written particulars of the agreement or arrangement and the
parties to it.

(5) Subject to paragraphs (6) and (7), any person who

(a)fails to comply with a notice under this Article; or

(b)in purported compliance with such a notice makes any statement which he
knows to be false in a material particular or recklessly makes any statement
which is false in a material particular,

(i)on conviction on indictment, to imprisonment for a term not exceeding two
years, or to a fine, or to both; or

(ii)on summary conviction, to imprisonment for a term not exceeding six
months, or to a fine not exceeding #400, or to both.

(6) A person shall not be guilty of an offence under paragraph (5)(a) if he
proves that the information in question was already in the possession of the
company or that the requirement to give it was for any other reason frivolous
or vexatious.

(7) A person shall not be obliged to comply with a notice under this Article
if he is for the time being exempted by the Department from the operation of
this Article; but the Department shall not grant any such exemption except
after consultation with the Governor of the Bank of England and unless
satisfied that, having regard to any undertaking given by the person in
question with respect to the shares held or to be held by him, there are
special reasons why that person should not be subject to the obligations
imposed by this Article.

(8) In this Article "relevant share capital" has the same meaning as in
Article 114.

© 1978 Crown Copyright

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