Companies Act 2014 section 755

Supplementary power to compel production of books or documents in relation to certain banking transactions

Section 755 gives a court-appointed inspector the power to compel a director to hand over banking records where the inspector reasonably believes those records relate to undisclosed financial transactions or director misconduct.

  • Where an inspector has reasonable grounds to believe a director holds or held a bank account (sole or joint, in the State or abroad) linked to undisclosed transactions or misconduct, the inspector may demand production of all related books and documents
  • The relevant money is that connected with transactions not properly disclosed in financial statements (as required by sections 307, 308, 309, 311, or 312/1120) or money connected with acts or omissions constituting misconduct—whether fraudulent or not—towards the company or its members
  • The director is legally obliged to comply with the inspector's requirement and produce all relevant banking books and documents in their possession or control
  • "Director" is broadly defined to include any current or former director, any shadow director, and any person connected with the director within the meaning of section 220; "bank account" includes accounts held with entities exempt under the Central Bank Act 1971

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