Companies Act 2014 section 748

Investigation of company's affairs by court appointed inspectors on application of Director

Section 748 empowers the Corporate Enforcement Authority to apply to the court to have inspectors appointed to investigate a company's affairs where there are circumstances suggesting fraud, unlawful conduct, unfair prejudice to members or creditors, or failure to provide members with information they could reasonably expect.

• The Corporate Enforcement Authority may apply to the court to have one or more inspectors appointed to investigate a company's affairs where there are grounds suggesting fraud, unlawful conduct, unfair prejudice, or withholding of information from members.
• The court's power applies even if the company is being wound up, and inspectors appointed may include officers of the Authority itself.
• For small and medium-sized companies (as defined under sections 280A, 280B, 280F, and 280G), the application is made to the Circuit Court rather than the High Court, though the Circuit Court cannot wind up a company and must refer any such matter to the High Court.
• The section preserves any existing statutory rights of the Government or Ministers and does not affect the court's separate power under section 747 to appoint inspectors on application by a company or its members.