33. Appointment of Inspectors

(1) The Registrar of Companies may appoint a Person as an inspector to investigate andreport on the affairs of an Incorporated Organisation (the relevant Incorporated Organisation), if the Registrar considers it necessary or desirable to do so in pursuit the Registrar’s objectives.

(2) The Person appointed as inspector may, with the consent of the Registrar of Companies,also investigate and report on the affairs of a Company or another Incorporated Organisation that is or was related to the relevant Incorporated Organisation.

(3) The Registrar of Companies may also appoint a Person as an inspector to investigate and report on an alleged Contravention of these Regulations in relation to an Incorporated Organisation.

(4) This section does not prevent the Registrar of Companies from appointing a Person as an inspector under this section and also as an inspector under section 159 (Appointment of Inspectors) of the AIFC Companies Regulations.

(5) In this section: objectives, of the Registrar of Companies, has the meaning given by section 9(1) (Registrar’s Objectives and Functions) of the AIFC Companies Regulations.

34. Provisions about investigations

(1) In this section: applied provisions means the following provisions of the AIFC Companies Regulations:

1. (a) section 158(2) and (3) (Application and interpretation of Part 14);
2. (b) section 160 (Powers of Inspectors to obtain information and Documents etc.);
3. (c) section 161 (Use and effect of information and Documents obtained for investigations);
4. (d) section 162 (Obstructing or hindering Inspectors);
5. (e) section 163 (Inspectors’ reports);
6. (f) section 164 (Application to Court by Registrar of Companies);
7. (g) the definitions in Schedule 1(other than the definition of Inspector) that apply in relation to any of those provisions.

(2) The applied provisions apply in relation to an Incorporated Organisation as if:

1. (a) a reference to an Inspector were a reference to a Person who is appointed by the Registrar of Companies under section 33 (Appointment of Inspectors) as an inspector; and
2. (b) a reference to a Company included a reference to an Incorporated Organisation; and
3. (c) a reference to an Employee of a Company were a reference to a Founding Member or Employee of an Incorporated Organisation; and
4. (d) a reference to a Director or past Director of a Company included a reference to a Founding Member or past Founding Member of an Incorporated Organisation; and
5. (e) a reference to a Shareholder were a reference to a Founding Member; and
6. (f) the reference in section 160(1) to section 159(2) were a reference to section 33(2); and
7. (g) any other necessary change, and any change prescribed by the Rules, were made.