Companies Act 2014 section 653

Director's power to examine books and records

Section 653 gives the Corporate Enforcement Authority the power to request and examine books and records from companies that are being wound up or have been dissolved, and from their liquidators, officers, auditors and receivers.

• The Authority can request books and records either on its own initiative or following a complaint from a member, contributory or creditor of the company
• The request can be directed at the company itself, its liquidator (including a provisional liquidator), any officer, the statutory auditor or a receiver — and covers both the company's own records and the records of the liquidator, auditor or receiver
• The person receiving the request must produce the books, answer the Authority's questions about the records and the conduct of the winding up or receivership, and provide reasonable assistance including access and copying facilities
• Requests cannot relate to a winding up or receivership that concluded more than six years before the date of the request, and failure to comply is a category 2 criminal offence