Companies Act 2014 section 558ZR

Prosecution of officers and members of company

Section 558ZR sets out the duty of a process adviser to report suspected criminal offences by officers or members of an eligible company during a rescue process, and the obligations of various parties to assist with any resulting prosecution.

• A process adviser must immediately report any suspected offence by a past or present officer or member of the company to both the Authority of Public Prosecutions and the Corporate Enforcement Authority, providing all requested information and documents.
• If either authority decides to prosecute, the process adviser, all past and present officers, and all past and present agents of the company (other than the defendant) must give all reasonable assistance with the prosecution.
• "Agents" is broadly defined to include the company's bankers, solicitors, auditors, accountants, bookkeepers, tax advisers, and anyone else employed in a professional or consultancy capacity.
• If anyone fails to assist, the court may order compliance, and a process adviser who fails may be ordered to bear the costs personally unless insufficient company assets prevented compliance.