Confidentiality

(1) Except where this Act otherwise provides or pursuant to an order of the Court, no person shall disclose any of the documents referred to in sub-section (2), their contents or the information contained therein relating to the establishment, administration, maintenance, business undertaking, affairs or property of a foundation to any other person. (2) The documents referred to in sub-section (1) are– (a) a foundation charter, a foundation’s by-laws, rules or regulations, and any document relating to the charter, by-laws, rules and (b) a document relating to the exercise or proposed exercise of any function or duty conferred upon a foundation council, a member, or a protector, or disclosing any deliberations of a foundation council, a member, a protector or any of the member’s or protector’s directors, officers or employees as to the manner in which a foundation council, member or protector should exercise any function or duty, or disclosing the reasons for any particular exercise of any function or duty or the material upon which those reasons were, or might have been based; (c) a document relating in any way, directly or indirectly, to the finances, investments, assets, International Foundations [CAP. 24:02 79 income, expenses, profits, losses, appreciation, depreciation, value, net worth or business activity of a foundation, its founder or any beneficiary; and (d) a document relating in any way, directly or indirectly, to the rights, benefits or interests of any founder or any beneficiary of a (3) A person who contravenes sub-section (1) commits an offence and is liable to such penalty as may be prescribed by (4) For the purposes of this section, “document” and “information” include any papers, deeds, declarations, minutes, notes, memoranda, correspondence, telexes, telegrams, tape recordings, facsimile transmissions, computer data, e-mail, files, discs, and videotapes, of all kinds, whether in printed, electronic or holographic form, or any other form.