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Insurance Act No.54 of 2005 - Vanuatu Financial Services ...

Insurance Act No.54 of 2005 - Vanuatu Financial Services ...

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(b)the ownership and control <strong>of</strong> the licensee, if the licensee is a company.(2) An inspector may also investigate the business <strong>of</strong> a person who is, or has at any relevanttime been, an associated party <strong>of</strong> the licensee under investigation, if it is necessary to doso for the purposes <strong>of</strong> that investigation.(3) An inspector may not investigate the business <strong>of</strong> a person unless the Commission hasinformed the person in writing about the proposed investigation.(4) A licensee or party being investigated, and a person who is or has been a director,partner, manager, employee, compliance <strong>of</strong>ficer or agent <strong>of</strong> a licensee or party beinginvestigated, or a person who is or has been a shareholder in the licensee or party, must:(a)(b)(c)produce to an inspector, when and where the inspector requires, all documents inthe person’s custody or power relating to that licensee or party; andappear before the inspector, when and where the inspector requires, and answerthe questions put by the inspector about the licensee or party; andprovide the inspector with all other assistance required in connection with theinvestigation that the person is reasonably able to provide.(5) The inspector may take copies <strong>of</strong> or extracts from any documents produced to him or herunder paragraph (4)(a).(6) A person must not, without reasonable excuse:(a)(b)(c)obstruct an inspector; orfail to comply with a request made by an inspector to the person in accordancewith this <strong>Act</strong>; orfail to provide all reasonable assistance to an inspector in exercising or purportingto exercise a right conferred on the inspector by this section.(7) The costs and expenses <strong>of</strong> an investigation and report are payable by the licensee beinginvestigated and may be recovered by the Commission as a debt due to the Commission.(8) This section applies to a former licensee that is a company as it applies to a licensee, butonly in connection with the business, ownership or control <strong>of</strong> the former licensee whilehe or she was a licensee.17

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