Companies Act, 2008 (Act No. 71 of 2008)

Chapter 9 : Offences, Miscellaneous Matters and General Provisions

Part A : Offences and penalties

213. Breach of confidence

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(1)It is an offence to disclose any confidential information concerning the affairs of any person obtained—
(a)in carrying out any function in terms of this Act; or
(b)as a result of initiating a complaint, or participating in any proceedings in terms of this Act.

 

(2)Subsection (1) does not apply to information disclosed—
(a)as contemplated in section 206(2)(e)(i) or (ii) or 212(5) to (7);
(b)for the purpose of the proper administration or enforcement of this Act;
(c)for the purpose of the administration of justice;
(d)at the request of the Commission, the Panel, an inspector or investigator, the Companies Tribunal, or a court entitled to receive the information; or
(e)when required to do so by any court or under any law.