Public Disclosure Act (The Bahamas)

Public Disclosure Act

Published: 1977-01-03

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Unlimited Searches
Weekly Updates on New Laws
Access to 5,345,848 Global Laws from 110 Countries
View the Original Law Side-by-Side with the Translation

Subscribe Now for only USD$40 per month.

PUBLIC DISCLOSURE [CH.9 – 1

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– [Original Service 2001] STATUTE LAW OF THE BAHAMAS

PUBLIC DISCLOSURE CHAPTER 9

PUBLIC DISCLOSURE

ARRANGEMENT OF SECTIONS SECTION 1. Short title. 2. Interpretation. 3. Establishment of Public Disclosure Commission. 4. Duty of Senators and Members to furnish declarations. 5. Contents of declaration. 6. Examination of declarations and publication of summary of disclosure. 7. Further inquiry into declarations. 8. Commission to report. 9. Application of Act to members of Commission and public servants. 10. Duty as to secrecy and to make declaration. 11. Protection of disclosures to the Commission. 12. Regulations. 13. Offences. 14. Fiat of the Attorney-General. 15. Power to extend time for furnishing declarations.

FIRST SCHEDULE SECOND SCHEDULE

PUBLIC DISCLOSURE [CH.9 – 3

CHAPTER 9

PUBLIC DISCLOSURE An Act to make provision for the public disclosure

of the assets, income and liabilities of persons in public life and for matters incidental thereto or connected therewith.

[Assent 7th October, 1976] [Commencement 3rd January, 1977]

1. This Act may be cited as the Public Disclosure Act. 2. In this Act, unless the context otherwise requires — “assets” means any property held in beneficial

ownership whether in or outside The Bahamas; “child” means a person under the age of twenty-one

years who is the child, step-child, legitimate child or lawfully adopted child of any person;

“the Commission” means the Public Disclosure Commission established under section 3;

“declaration” means a declaration of assets, income and liabilities;

“liabilities” includes any obligation to pay money whether in or outside The Bahamas;

“Member of Parliament” means a Member of the House of Assembly;

“public appointee” means a member of the Public Service Commission or any person appointed to be a member of the governing body (by whatever name called), or officer or servant, of any corporation established by Act of Parliament for public purposes or of any subsidiary company of such corporation registered under the Companies Act;

“public officer” has the same meaning as in the Constitution;

“Secretary” means the Secretary of the Commission; “Senator” means a Member of the Senate.

12 of 1976 S.I. 11/1979

Short title.

Interpretation.

Ch. 308.

CH.9 –4 ] PUBLIC DISCLOSURE

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

3. (1) There is hereby established for the purposes of this Act a body to be known as the Public Disclosure Commission.

(2) The First Schedule shall have effect as to the composition, powers and practice of the Commission and otherwise in relation thereto.

4. (1) Every Senator and Member of Parliament shall furnish to the Commission, as and when required to do so by this section, a declaration of assets, income and liabilities in the form prescribed by Form A in the Second Schedule.

(2) A declaration shall be furnished pursuant to subsection (1) —

(a) in the case of a person who is a Senator or Member of Parliament on the 31st day of December, 1977, before the 1st day of March next following that date, in respect of his assets, income and liabilities as at the 31st day of December, 1977;

(b) in the case of a person appointed a Senator or elected a Member of Parliament, as the case may be, at any time after the 31st day of December, 1977, within three months from the date of such appointment or election, as the case may be, in respect of his assets, income and liabilities as at the previous 31st day of December,

and thereafter on the 31st day of December, in each year that he is a Senator or Member of Parliament, in respect of his assets, income and liabilities as at the 31st day of December in each year, so, however, that a declaration required to be furnished on the 31st day of December in any year shall be deemed to comply with the requirement of this subsection if it is furnished before the 1st day of March next following that date;

(c) in the case of every person who ceases to be a Senator or Member of Parliament, at any time after the 31st day of December, 1977, on the first anniversary of the date on which he ceases to be a Senator or Member of Parliament, in respect of his assets, income and liabilities, covering the period from the date of his last declaration to the date on which he is required under this paragraph to furnish a declaration.

Establishment of Public Disclosure Commission.

First Schedule.

Duty of Senators and Members to furnish declarations. Second Schedule.

PUBLIC DISCLOSURE [CH.9 – 5

5. (1) A declaration shall include such particulars as are known to the declarant of the assets, income and liabilities of himself, of his spouse and of his children:

Provided that — (a) if the spouse was not living with the declarant

for a continuous period of three months during the period in relation to which the declaration is made; or

(b) if a child of the declarant has attained the age of eighteen years and was not living with the declarant at any time during the period in relation to which the declaration is made,

the particulars required to be furnished by this subsection shall be limited to assets held by the spouse or child (as the case may be) in trust for, or as agent of, the declarant; so, however, that nothing in this subsection shall be construed as precluding the Commission from requiring from a declarant any additional particulars the Commission may think fit.

(2) A declaration furnished pursuant to section 4 or 9 may be accompanied by a statement of affairs certified by a chartered accountant if the declarant so thinks fit.

6. (1) The Commission shall examine every declaration furnished to it and may request from a Senator or Member of Parliament any information or explanation relevant to a declaration made by him which, in its opinion, would assist it in its examination.

(2) Where upon an examination under subsection (1) the Commission is satisfied that a declaration has been fully made, it shall publish a summary of that declaration in the Gazette in the form prescribed by Form B in the Second Schedule.

(3) Where the Commission publishes a summary of a declaration under subsection (2) any person may make a written complaint to the Commission in relation to that summary.

7. (1) Where — (a) upon an examination under section 6(1) the

Commission is not satisfied that a declaration has been fully made and is of the opinion that further investigation is necessary; or

Contents of declaration.

Examination of declarations and publication of summary of disclosure.

Further inquiry into declarations.

CH.9 –6 ] PUBLIC DISCLOSURE

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(b) after a summary of a declaration has been published in the Gazette under section 6(2) and any person makes a written complaint to the Commission in relation to that summary and the Commission, after consideration of the complaint, is of the opinion that the complaint should be investigated,

the Commission may — (i) in writing request the Senator or Member of

Parliament concerned or the complainant to furnish such further information or documents as it may require, within such time as it may specify;

(ii) in writing require the Senator or Member of Parliament concerned to attend on the Commission at such time as may be specified by the Commission;

(iii) make such independent inquiries and investigation relating to the declaration or complaint as it thinks necessary;

(iv) summon witnesses, require the production of documents and do all such things as it considers necessary or expedient for the purpose of carrying out its functions; and

(v) in respect of paragraph (b), in addition, summon the complainant, hear the complainant, (who may be represented by a counsel and attorney), and any witnesses of the complainant in support of the complaint.

(2) Where a Senator or Member of Parliament is required to attend on the Commission pursuant to subsection (1), he shall have the right to be accompanied and represented by a counsel and attorney for the purposes of such enquiry, and may require the Commission to summon such witnesses as he thinks necessary.

8. (1) Where — (a) any person fails to furnish the Commission with

a declaration which he is required to furnish in accordance with this Act; or

(b) the Commission examines a declaration and any related information or documents, or conducts an enquiry into any such declaration or into a complaint made in respect of any summary of a

Commission to report.

PUBLIC DISCLOSURE [CH.9 – 7

declaration and is not satisfied with any aspect thereof,

the Commission shall report the matter (setting out such details and particulars as the Commission in its discretion thinks fit) to the Prime Minister and the Leader of the Opposition.

(2) The Prime Minister or the Leader of the Opposition, when a report is made pursuant to subsection (1), may —

(a) publish by way of communication to the House of Assembly any information furnished to him by the Commission;

(b) cause to be published to the Senate any information furnished to him by the Com- mission;

(c) authorize the furnishing of any information furnished to him by the Commission to the Attorney-General or the Commission of Police.

(3) Where the Commission after conducting an enquiry in accordance with section 7(1) into any complaint made under section 6(3) is satisfied that the complaint is groundless or has not been substantiated it shall publish a statement in the Gazette to that effect, and in addition, where the complaint is groundless, the Commission shall report the matter to the Attorney-General.

9. (1) Subject to the provisions of this section, the Prime Minister may, by notice published in the Gazette, apply this Act to any —

(a) member of the Commission; (b) public appointee or class of public appointee; or (c) public officer or class of public officer,

as may be designated in the notice. (2) Sections 4, 6(2) and (3) shall not apply to a

person to whom this section applies. (3) Any person to whom this Act is applied under

subsection (1) shall furnish to the Commission, a declaration in the form prescribed by Form A in the Second Schedule —

Application of Act to members of Commission and public servants.

Second Schedule.

CH.9 –8 ] PUBLIC DISCLOSURE

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(a) before the 1st day of March next following the publication of the notice under subsection (1), in respect of his assets, income and liabilities as at the previous 31st day of December;

(b) thereafter, on the 31st day of December in each year that he is a member of the Commission, public appointee, or public officer, in respect of his assets, income and liabilities as at the 31st day of December in each year, so, however, that a declaration required to be made on the 31st day of December in any year shall be deemed to comply with the requirements of this paragraph if it is made before the 1st day of March next following that date;

(c) at the end of twelve months from the date on which he ceases to be a member of the Commission, public appointee, or public officer, in respect of his assets, income and liabilities covering the period from the date of his last declaration to the date on which he is required under this paragraph to furnish a declaration.

(4) Sections 5, 6(1), 7 and 10 to 14 inclusive shall apply to a person to whom this section applies as they apply to a Senator or Member of Parliament.

(5) Section 8(1) shall apply to a person to whom this section applies, except that the report of the commission shall be made to the Prime Minister and to the Attorney-General and not to any other person, and section 8(2) and (3) shall not apply.

(6) The Prime Minister or the Attorney-General, when a report is made pursuant to subsection (5), may authorize the furnishings of information to such persons as he may specify in writing.

(7) The Schedules shall apply, mutatis mutandis, to a person to whom this section applies as they do to a Senator or Member of Parliament.

10. (1) Subject to subsection (3), every member of the Commission and every other person having official duty under this Act, or being employed in the administration of this Act, shall deal with all documents and information,

Duty as to secrecy and to make declaration.

PUBLIC DISCLOSURE [CH.9 – 9

and all other matters relating to a declaration, as secret and confidential, and shall make and subscribe a declaration to that effect before the Registrar-General or the Registrar of the Supreme Court.

(2) Every person required under subsection (1) to deal with the matters specified therein as secret and confidential who at any time communicates or attempts to communicate such information or anything contained in such documents to any person —

(a) other than a person to whom he is authorized under this Act to communicate it; or

(b) otherwise than for the purposes of this Act, shall be guilty of an offence and liable on conviction on information to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding two years or to both such fine and imprisonment.

(3) Any person who receives any information or anything contained in such documents as aforesaid knowing, or having reasonable ground to believe, at the time when he receives it, that it is communicated to him in contravention of this Act, shall be guilty of an offence unless he proves that the communication to him of the information or of anything contained in any document was contrary to his desire.

(4) A person guilty of an offence under subsection (3) shall be liable on conviction on information —

(a) if the information or anything contained in a declaration, or other document is published, to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding four years or to both such fine and imprisonment; or

(b) in any other case, to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding two years or to both such fine and imprisonment.

11. The records of the Commission and any information revealed by the evidence of a witness before the Commission shall not be produced or disclosed to any court other than to such extent as may be necessary for the purposes of proceedings relating to a charge under section 10 or 13 or under the law relating to perjury.

Protection of disclosures to the Commission.

CH.9 –10 ] PUBLIC DISCLOSURE

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

12. The Commission may make regulations — (a) prescribing the manner in which enquiries may be carried out and any matters incidental to or consequential on such enquiries; (b) amending the forms specified in the Second

Schedule; (c) prescribing the period within which any

information required by the Commission should be furnished;

(d) prescribing any matter or thing, whether similar to the above or not, in respect of which it may be expedient to make regulations for the purpose of carrying this Act into effect.

13. (1) Any person who — (a) fails without reasonable cause, to furnish to the

Commission a declaration which he is required to furnish in accordance with the provisions of this Act;

(b) knowingly makes any false statement in such declaration;

(c) fails without reasonable cause to give such information or explanation as the Commission may require under section 6 or 7;

(d) after a summary of a declaration has been published in the Gazette pursuant to section 6(2), publishes any statement whatever challenging the accuracy of that summary or the honesty or credibility of the declarant, otherwise than by way of complaint to the Commission;

(e) makes any frivolous, vexatious or groundless complaint to the Commission in relation to a summary of a declaration;

(f) fails without reasonable cause to attend an enquiry being conducted by the Commission under section 7; or knowingly gives any false information in such enquiry,

shall be guilty of an offence and shall on conviction on information, be liable to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding two years, or to both such fine and imprisonment, and where

Regulations.

Second Schedule.

Offences.

PUBLIC DISCLOSURE [CH.9 – 11

the offence involves the deliberate non-disclosure of the property of a Senator or Member of Parliament, the court shall, in addition to the imposition of a fine or term of imprisonment or both — (i) if the property involved is situate within The

Bahamas, declare that it be forfeited to the Government;

(ii) if the property involved is situate outside The Bahamas, order that an amount equivalent to the value of such property (the value to be assessed as directed by the court), be paid by the Senator or Member of Parliament to the Government.

(2) Payment of all sums due to the Government pursuant to paragraph (ii) of subsection (1) may be enforced in like manner as a debt due to the Government and any proceedings thereon on behalf of the Government may be taken summarily, without limit of amount.

14. A prosecution for an offence under section 10 or 13 shall not be instituted without the written consent of the Attorney-General.

15. Notwithstanding anything contained in this Act the Commission may in any particular case for good cause extend the time for the furnishing of a declaration under this Act after the expiration thereof for a further period not exceeding thirty days.

FIRST SCHEDULE (Section 3)

PART I THE COMMISSION

1. The Commission shall consist of three members appointed by the Governor-General, upon the recommendation of the Prime Minister alter consultation with the Leader of the Opposition:

Provided that in any case where a declaration under this Act is required to be made by a member of the Commission, the Commission shall consist of the Prime Minister, the Leader of the Opposition and a member of the Commission other than the member making the declaration appointed by the Governor- General.

Fiat of the Attorney- General.

Power to extend time for furnish ing declarations.

Constitution of Commission.

CH.9 –12 ] PUBLIC DISCLOSURE

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

2. The members shall be appointed by instrument in writing and shall, subject to the provisions of this Schedule, hold office for such period not exceeding five years, as the Governor- General may direct in the instrument of appointment.

3. Every member shall be eligible for re-appointment. 4. (1) The Governor-General shall appoint one of the

members to be Chairman of the Commission. (2) The Chairman shall preside at all meetings of the

Commission at which he is present, and in the case of the Chairman’s absence from any meeting, the members present and forming a quorum shall elect one of their number to preside at that meeting.

5. If any member is absent or unable to act the Governor- General may appoint any person to act in the place of that member.

6. (1) Any member other than the Chairman may at any time resign his office by instrument in writing addressed to the Governor-General and transmitted through the Chairman and from the date of receipt by the Governor-General of such instrument, that person shall cease to be a member.

(2) The chairman may at any time resign his office by instrument in writing addressed to the Governor-General and such resignation shall take effect as from the date of receipt by the Governor-General of that instrument.

7. (1) The Governor-General upon the recommendation of the Prime Minister after consultation with the Leader of the Opposition may at any time revoke the membership of any member.

(2) Without prejudice to the generality of subparagraph (1), a recommendation pursuant to that subparagraph, shall have regard to any representations made by a Senator or Member of Parliament showing cause why, a person should not remain a member of the Commission.

8. If any vacancy occurs in the membership of the Commission such vacancy shall be filled by the appointment of another member.

9. The names of all members of the Commission as first constituted and every change therein, shall be published in the Gazette.

10. The funds of the Commission shall consist of such funds as may from time to time be placed at its disposition for the purposes of this Act by Parliament, and such other moneys as may be lawfully paid to the Commission.

11. The Commission shall keep proper accounts of its receipts, payments, assets and liabilities and such accounts shall be audited annually by an auditor appointed in each year by the Commission with the approval of the Prime Minister.

Tenure of office.

Re-appointment.

Chairman.

Acting appointments.

Resignation

Revocation of appointment.

Filling of vacancies.

Gazetting of membership.

Funds of the Commission.

Accounts and audit.

PUBLIC DISCLOSURE [CH.9 – 13

12. The Commission shall before the 31st day of December in each year submit to the Prime Minister for approval its estimates of revenue and expenditure in respect of the period commencing on the 1st day of January next following and ending on the 31st day of December.

13. The Commission shall appoint and employ at such remuneration and on such terms and conditions as it thinks fit, a Secretary and such other officers and servants as it thinks necessary for the proper carrying out of the provisions of this Act:

Provided that no salary in excess of five thousand dollars shall be assigned to any post without the prior approval of the Prime Minister.

14. (1) The seal of the Commission shall be kept in the custody of the Chairman and shall be affixed to instruments pursuant to a resolution of the Commission in the presence of the Chairman and any other member.

(2) The seal of the Commission shall be authenticated by the signatures of the Chairman and one other member.

(3) All documents other than those required by law to be made by and under seal, and all decisions, of the Commission may be signified under the hand of the Chairman or the Secretary.

15. (1) The Commission shall meet at such times as may be expedient for the carrying out of its functions and such meetings shall be held on such days and all such places as the Chairman may determine.

(2) A quorum of the Commission shall be two. (3) The decision of the Commission shall be by a

majority of votes and, in addition to an original vote, the Chairman shall have a casting vote in any case in which the voting is equal.

(4) Minutes in proper form of each meeting of the Commission shall be kept.

(5) The validity of the proceedings of the Commission shall not be affected by any vacancy amongst the members thereof or by any defect in the appointment of any member thereof.

16. No member shall be personally liable for any act or default of the Commission done or omitted to be done in good faith in the course of the operations of the Commission.

Annual reports and estimates.

Staff of Commission.

Seal and execution of documents.

Procedure and meetings.

Protection of members.

CH.9 –14 ] PUBLIC DISCLOSURE

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

PART II POWERS OF COMMISSION REGARDING WITNESSES

1. The Commission shall have power to summon witnesses, require the production of documents and to do all such things as it considers necessary or expedient for the purpose of carrying out its functions.

2. (1) Any summons to attend, to give evidence or to produce documents before the Commission shall be notified to the person required to attend or to produce the documents and shall be issued under the hand of the Secretary and of any member of the Commission.

(2) A summons under this paragraph shall be in the form set out in Form C in the Second Schedule and may be served on the person mentioned therein either by delivering to him a copy thereof or by leaving a copy thereof at his usual or last known place of abode in The Bahamas, with some adult person.

(3) A summons under this paragraph may be served by any person deputed by the Commission or by a police officer.

3. The Commission may require that any facts, matters or things relating to the subject of enquiry be verified or otherwise ascertained by the oral examination of witnesses; and may cause any such witnesses to be examined upon oath which the Chairman or the Secretary is hereby authorized to administer.

4. (1) All persons summoned to attend and give evidence or to produce any paper, book, record or document before the Commission — (a) shall be bound to obey the summons served upon them; (b) shall be entitled, in respect of such evidence or the

disclosure of any communication or the production of any such paper, book, record or document, to the same right or privilege as before a court of law. (2) Any person who —

(a) without sufficient cause, fails or refuses to attend before the Commission in obedience to a summons issued under this Act, or fails or refuses to produce any paper, book, record or document which he was required by such summons to produce; or

(b) being a witness, leaves a meeting of the Commission without the permission of the Commission; or

(c) being a witness, refuses without sufficient cause to answer any question put to him by or with the permission of the Commission; or

Powers of the Commission.

Issue of summons.

Second Schedule.

Witnesses may be examined on oath.

Duty and privileges of witnesses.

PUBLIC DISCLOSURE [CH.9 – 15

(d) wilfully obstructs or interrupts the proceedings of the Commission,

shall be liable on summary conviction to a fine not exceeding five hundred dollars or in default of payment thereof to imprisonment for a term not exceeding six months.

CH.9 –16 ] PUBLIC DISCLOSURE

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

S. I.

11 /1

97 9

C ur

re nt

W he

re h

el d

Es tim

at ed

M ar

ke t V

al ue

Sa vi

ng s/

D ep

os it

N om

in al

V al

ue $

A cc

ou nt

N o.

A m

ou nt

s $

D at

e of

A cq

ui si

tio n

or P

ur ch

as e

SE C

O N

D S

C H

ED U

LE .

FO R

M A

(S ec

tio ns

4 a

nd 1

D EC

LA R

A TI

O N

E PU

B LI

C D

IS C

LO SU

R E

A C

T (C

ha pt

er 9

) (N

ot e:

If th

er e

is in

su ff

ic ie

nt s

pa ce

fa lli

ng u

nd er

a ny

s ec

tio n,

th e

re qu

ire d

in fo

rm at

io n

m ay

b e

su pp

lie d

on a

s ep

ar at

e sh

ee t a

nd a

n ot

e in

se rte

d un

de r t

he s

ec tio

n sh

ow in

g th

e to

ta l)

D ec

la ra

tio n

of a

ss et

s a nd

li ab

ili tie

s a s a

t . ...

... ...

... .(D

ec la

ra tio

n an

d of

in co

m e

fo r t

he p

er io

d of

tw el

ve m

on th

s ( or

o th

er p

er io

d w

he re

a pp

ro pr

ia te

) e nd

in g

on th

at d

at e.

N O

TE :

(a )

W he

re a

ny p

ro pe

rty is

h el

d by

th e

de cl

a r an

t, th

e de

cl ar

an t’s

s po

us e

or th

e de

cl ar

an t’s

c hi

ld o

r c hi

ld re

n in

tr us

t f or

a ny

o th

er p

er so

n. th

is s

ho ul

d be

in di

ca te

d (b

) T he

d ec

la ra

tio n

da te

sh ou

ld b

e th

e da

te a

s a t w

hi ch

p ur

su an

t t o

se ct

io n

4 or

9 th

e de

cl ar

at io

n is

to b

e m

ad e.

N am

e of

l N

am e

of d

ec la

ra nt

’s sp

ou se

N am

e of

d ec

la ra

nt ’s

c hi

ld o

r c hi

ld re

n (u

nd er

a ge

o f 2

1. P

ar tic

ul ar

s o f b

an k

ac co

un ts

h el

d by

—

N am

e an

d ad

dr es

s o f b

an k

(b ) D

ec la

ra nt

’s sp

ou se

(c ) D

ec la

ra nt

’s c

hi ld

o r c

hi ld

re n

N O

TE :

Le tte

rs o

f v er

ifi ca

tio n

fr om

b an

ks sh

ou ld

b e

su bm

itt ed

2. P

ar tic

ul ar

s o f c

as h

in e

xc es

s o f $

50 0

he ld

o th

er th

an in

b an

k by

—

(a ) D

ec la

ra nt

) D ec

la ra

nt ’s

sp ou

(c ) D

ec la

ra nt

’s c

hi ld

o r c

hi ld

re n

Pa rti

cu la

rs o

f b on

ds , s

to ck

s, sh

ar es

a nd

si m

ila r i

nv es

tm en

ts h

el d

by —

ve st

m en

ts a

nd w

he re

si tu

at e

(a ) D

ec la

ra nt

) D ec

la ra

nt ’s

sp ou

(c )D

ec la

ra nt

’s ch

ild or

ch ild

re n

PUBLIC DISCLOSURE [CH.9 – 17

Es tim

at ed

M ar

ke t V

al ue

A nn

ua l I

nc om

e $

Pu rp

os e

Es tim

at ed

M ar

ke t V

al ue

Pu rc

ha se

P ric

In te

re st

R at

e (if

a pp

lic ab

le )

D ue

fr on

Pu rc

ha se

P ric

e, o

r t er

m s o

f h ire

ag e

Te rm

D at

e du

D at

e of

A cq

ui si

tio n

or P

ur ch

as e

A m

ou nt

In ve

st m

en t $

4. P

ar tic

ul ar

s o f i

m m

ov ab

le p

ro pe

rty su

ch a

s h ou

se s a

nd la

nd h

el d

by —

D es

cr ip

tio n

(r ec

or di

re fe

re nc

e, if

a va

ila bl

(a ) D

ec la

ra nt

) D ec

la ra

nt ’s

sp ou

N O

TE :

H ou

se s s

ho ul

d be

v al

ue d

un fu

rn is

he d

an d

fu rn

itu re

in cl

ud ed

u nd

er p

ar ag

ra ph

3 .

5. P

ar tic

ul ar

s o f p

er so

na l p

ro pe

rty su

ch a

s f ur

ni tu

re , b

oa ts

, c lo

th in

g, je

w el

le ry

, c oi

ns , s

ta m

ps , a

nd a

ny o

th er

v al

ua bl

e pr

op er

ty —

) D ec

la ra

(b ) D

ec la

ra nt

’s sp

ou se

) D ec

la ra

nt ’s

c hi

ld o

r c hi

ld re

n 6.

P ar

tic ul

ar s o

f m on

ey s i

nv es

te d

in m

or tg

ag es

o r b

us in

es s v

en tu

re s o

th er

th an

in ve

st m

en ts

sh ow

n in

p ar

ag ra

ph 3

—

Ty pe

o f

In ve

st m

en t

(a ) D

ec la

ra nt

) D ec

la ra

nt ’s

sp ou

(c ) D

ec la

ra nt

’s c

hi ld

o r c

hi ld

re n

7. O

th er

a cc

ou nt

s r ec

ei va

bl e

—

A m

ou nt

(a ) D

ec la

ra nt

) D ec

la ra

nt ’s

sp ou

(c ) D

ec la

ra nt

’s c

hi ld

o r c

hi ld

re n

8. P

ar tic

ul ar

s o f m

ot or

v eh

ic le

s o w

ne d

by o

r o n

hi re

fo r a

ny p

er io

d to

o r o

n lo

an fo

r a p

er io

d in

e xc

es s o

f t w

o m

on th

s t o

—

D es

cr ip

tio n

(in cl

ud in

g ag

(a ) D

ec la

ra nt

) D ec

la ra

nt ’s

sp ou

(c ) D

ec la

ra nt

’s c

hi ld

o r c

hi ld

re n

CH.9 –18 ] PUBLIC DISCLOSURE

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

tim at

ed C

as h

Su rr

en de

r V al

Es tim

at ed

V al

ue $

Es tim

at ed

al ue

To ta

l $

H ow

se cu

re d

Fa ce

A m

ou nt

F ro

Ea ch

S ou

rc e

D at

e of

su e

an d

te o

f m

at ur

ity

B y

w ho

m b

ei ng

h el

an d

in w

ha t c

ap ac

ity

D at

e du

D es

cr ip

tio n

p ol

ic y,

d am

ou nt

p re

m iu

C on

te nt

O w

ne d

N am

e of

su ra

nc e

C om

pa ny

D at

e of

o bl

ig at

io n

Pr op

er ty

N am

e of

en ef

ic ia

A m

ou nt

9. Pa

rti cu

la rs

of in

su ra

nc e

po lic

ie sh

el d

by —

N am

e of

su re

Pe rs

(a )D

ec la

ra nt

(b ) D

ec la

ra nt

’s sp

ou se

(c ) D

ec la

ra nt

’s c

hi ld

o r c

hi ld

re n

10 . P

ar tic

ul ar

s o f s

af et

y de

po si

t b ox

(n ot

d is

cl os

ed in

p ar

ag ra

ph 5

) —

W he

re h

el d

(a ) D

ec la

ra nt

(b ) D

ec la

ra nt

’s sp

ou se

) D ec

la ra

nt ’s

c hi

ld o

r c hi

ld re

11 . P

ar tic

ul ar

s o f a

ny o

th er

p ro

pe rty

h el

d by

a ny

p er

so n

ot he

r t ha

n th

e ow

ne r b

ut o

w ne

d by

th e

de cl

ar an

t, th

e de

cl ar

an t’s

sp ou

se o

r t he

d ec

la ra

nt ’s

c hi

ld o

r c hi

ld re

n, w

he th

er in

tr us

t o r o

th er

w is

e —

(a ) D

ec la

ra nt

) D ec

la ra

nt ’s

sp ou

(c ) D

ec la

ra nt

’s c

hi ld

o r c

hi ld

re n

12 . P

ar tic

ul ar

s o f i

nc om

e (in

re sp

ec t o

f t he

re le

va nt

1 2-

m on

th p

er io

d en

di ng

o n

th e

31 st

d ay

o f D

ec em

be r o

r o th

er p

er io

d w

he re

a pp

ro pr

ia te

in cl

ud in

g pe

rq ui

si te

s s uc

h as

h ou

se , e

nt er

ta in

m en

t al

lo w

an ce

s e tc

.) of

—

So ur

ce —

S al

ar y,

R ea

lty In

co m

Se cu

rit y

In co

m e

an d

O th

er In

co m

e (a

) D ec

la ra

(b ) D

ec la

ra nt

’s sp

ou se

(c ) D

ec la

ra nt

’s c

hi ld

o r c

hi ld

re n

13 . P

ar tic

ul ar

s o f s

ec ur

ed d

eb ts

p ay

ab le

—

(a ) D

ec la

ra nt

(b ) D

ec la

ra nt

’s sp

ou se

) D ec

la ra

nt ’s

c hi

ld o

r c hi

ld re

PUBLIC DISCLOSURE [CH.9 – 19

Pr ic

e $

__ __

__ _

D es

cr ip

tio n

__ __

... ...

. Si

gn at

ur e

of D

ec la

ra nt

... ...

. Ju

st ic

e of

th e

Pe ac

e/ N

ot ar

y Pu

bl ic

D et

ai ls

o f a

ny a

cq ui

si tio

n or

sp os

al o

f, as

th e

ca se

m ay

re qu

ire

__ __

A m

ou nt

(b al

an ce

o w

in g)

__ __

Pr op

er ty

__ __

14 .

Pa rti

cu la

rs o

f o th

er li

ab ili

tie s o

f —

(a ) D

ec la

ra nt

) D ec

la ra

nt ’s

ou se

(c ) D

ec la

ra nt

s ch

ild o

r ch

ild re

n 15

. Pa

rti cu

la rs

o f a

ny p

ro pe

rty a

cq ui

re d

or d

is po

se d

of d

ur in

g th

e re

le va

nt 1

2- m

on th

p er

io d

en di

ng o

n th

e 31

st d

ay o

f D ec

em be

r i n

re sp

ec t o

f w hi

de cl

ar at

io n

is m

ad e

—

(c ) D

ec la

ra nt

’s

ch ild

or 16

. Ex

pl an

at io

n of

c on

te nt

s o f t

hi s d

ec la

ra tio

n (if

d ec

la ra

nt c

on si

de rs

it n

ec es

sa ry

I d o

he re

by so

le m

nl y

an d

si nc

er el

y de

cl ar

e th

at th

e pa

rti cu

la rs

g iv

en b

y m

e he

re in

a re

, t o

th e

be st

o f m

y kn

ow le

dg e,

tr ue

a nd

a cc

ur at

Si gn

ed a

t.. ...

... ...

..t hi

s.. ...

... ...

.d ay

... ...

..b ef

or e.

... ...

...

CH.9 –20 ] PUBLIC DISCLOSURE

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

SECOND SCHEDULE

FORM B (Section 6(2))

SUMMARY OF DECLARATION

THE PUBLIC DISCLOSURE ACT (Ch. 9)

Name of Declarant:

Summary of Assets and Liabilities of the Declarant, his spouse and children (if applicable) as at and of income for the period of twelve months (or other period where appropriate) ending on the date ASSETS INCOME LIABILITIES

1. Savings Account(s)$ 1. Salary $ 2. Current Account(s) 2. Realty Income 3. Securities 3. Security Income 4. Real Estate 4. Other Income 5. Other Personal

Property

6. Real Estate Mortgages Receivable and Business Investments

1. Real Estate $ Mortgage(s) Payable

2. Notes Payable — Secured

3. Notes Payable — Unsecured

4. Other Accounts Payable

7. Accounts Receivable 8. Automobiles 9. Cash Value of Life

Insurance(s)

TOTAL ASSETS TOTAL INCOME TOTAL LIABILITIES

NET WORTH

The Commission hereby certifies that the declaration submitted by the declarant has been examined and is satisfied that a full declaration has been made in accordance with the provisions of the Act.

.................................................. Secretary

Public Disclosure Commission

Dated this ............................... day of ..................................., 19 .......

S.I. 11/1979

PUBLIC DISCLOSURE [CH.9 – 21

FORM C (First Schedule Part II paragraph 2(2))

SUMMONS TO WITNESS

THE PUBLIC DISCLOSURE ACT. (Ch. 9)

TO ....................................................................................... (Name of person summoned, and

.............................................................................................. his address and calling, if known)

You are hereby summoned to appear before the Public Disclosure Commission

at ....................... on the .................. day of ............. 19 ...... (place)

at .......................... o’clock and to give evidence respecting

............................................................................................... (State matter being enquired into)

And you are required to bring with you ..............................

............................................................................................... (Specify papers, books, records and documents required)

Therefore fail not at your peril.

.............................................................. Secretary/Member of the Commission.

Dated this ........................... day of ........................, 19 .....