Companies Act 2014 section 764

Investigation of company ownership by inspector appointed by Director

Section 764 empowers the Corporate Enforcement Authority to appoint one or more inspectors to investigate the true ownership and control of a company, including who really benefits financially from it or influences its policies.

  • The Authority may appoint inspectors to investigate company membership and identify the true persons financially interested in, or able to control or materially influence, the company
  • An appointment may only be made where the Director considers it necessary for effective administration of company law, effective discharge of the Authority's functions, or the public interest
  • The scope of an inspector's investigation may be defined or limited by the terms of appointment, including restriction to matters connected with particular shares or debentures
  • An inspector's powers extend to investigating informal arrangements or understandings that, while not legally binding, are or were likely to be observed in practice and are relevant to the investigation

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