(b ) to act or to have acted in relation to those shares or debentures as the agent of someone interested therein; to give him any information which he has or can reasonably be expected to obtain as to the present and past interests in those shares or debentures and the names and addresses of the persons interested and of any persons who act or have acted on their behalf in relation to the shares or debentures. (2 ) For the purposes of this section, a person shall be deemed to have an interest in a share or debenture if he has any right to acquire or dispose of the share or debenture or any interest therein or to vote in respect thereof, or if his consent is necessary for the exercise of any of the rights of other persons interested therein, or if other persons interested therein can be required or are accustomed to exercise their rights in accordance with his instructions. (3 ) Any person who fails to give any information required of him under this section or who, in giving any such information, 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, shall be guilty of an offence and liable to a fine not exceeding level ten or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment. [Section as amended by Act No. 22 of 2001] 166 Power to impose restrictions on shares and debentures (1 ) Where, in connection with an investigation under section one hundred and sixty-four or one hundred and sixty-five, it appears to the Minister that there is difficulty in finding out the relevant facts about any shares, whether issued or to be issued, and that the difficulty is due wholly or mainly to the unwillingness of the persons concerned or any of them to assist the investigation as required by this Act, he may, by order, direct that the shares shall until further ordered be subject to the restrictions imposed by this section. (2 ) So long as any shares are directed to be subject to the restrictions imposed by this section— (a ) any transfer of those shares or, in the case of unissued shares, any transfer of the right to be issued therewith and any issue thereof, shall be void; (b ) no voting rights shall be exercisable in respect of those shares, (c) no further shares shall be issued in right of those shares or in pursuance of any offer made to the holder thereof; (d ) except in a liquidation, no payment shall be made of any sums due from the company on those shares, whether in respect of capital or otherwise. (3 ) Where the Minister makes an order directing that shares shall be subject to the said restrictions or refuses to make an order directing that shares shall cease to be subject thereto, any person aggrieved thereby may apply to the court and the court may, if it sees fit, direct that the shares shall cease to be subject to the said restrictions and may make such order as to costs as it deems fit. (4 ) Any order, whether of the Minister or of the court, directing that shares shall cease to be subject to the said restrictions which is expressed to be made with a view to permitting a transfer of those shares may continue the restrictions mentioned in paragraphs (c) and (d ) of subsection (2) either in whole or in part, so far as they relate to any right acquired or offer made before the transfer. (5 ) Any person who— (a ) exercises or purports to exercise any right to dispose of any shares which, to his knowledge, are for the time being subject to the said restrictions or of any right to be issued with any such shares; or (b ) votes in respect of any such shares, whether as holder or proxy, or appoints a proxy to vote in respect thereof; or (c) being the holder of any such shares, fails to notify of their being subject to the said restrictions any person whom he does not know to be aware of that fact but does know to be entitled, apart from the said restrictions, to vote in respect of those shares whether as holder or proxy; shall be guilty of an offence and liable to a fine not exceeding level ten or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment. (6 ) Where shares in any company are issued in contravention of the said restrictions the company shall be guilty of an offence and liable to a fine not exceeding level ten. (7 ) This section shall apply in relation to debentures as it applies in relation to shares. [Section as amended by Act No. 22 of 2001] 167 Saving for legal practitioners and bankers Nothing in this Act shall require disclosure to the Minister or to an inspector appointed by him— (a ) by a legal practitioner of any privileged communication made to him in that capacity, except as respects the name and address of his client; or (b ) by a company’s bankers as such of any information as to the affairs of any of their customers other than the company.