The Head of Financial Regulation may serve an evidentiary notice requiring a person to appear to give evidence, to provide information, or to produce a document where the Head is investigating that person’s fitness and probity, or reasonably believes the person may be able to give evidence or produce documents relating to the fitness or probity of a person under investigation. Notices may be served on a regulated financial service provider or holding company (including former entities), and on officers or employees, or former officers or employees, of such entities.

An evidentiary notice must specify the matter, or describe the document or information required. If it requires attendance it must state the date, time and place and whether evidence is to be given orally or on affidavit; if it requires provision of information or production of a document it must state the deadline, place and the Bank officer or employee to whom the information or document is to be provided. The Head may take and retain copies of produced documents, and these powers are without prejudice to other powers of the Bank, the Governor or the Head to obtain documents or information otherwise.