Companies Act 2014 section 765

Application of certain provisions to investigation of company ownership

Section 765 sets out how the general investigation powers and procedures already established for court-appointed inspectors are carried across and applied when the Corporate Enforcement Authority initiates an investigation into company ownership.

  • The existing inspector powers (sections 750 and 752–759) apply to ownership investigations, with necessary modifications to references concerning the company's affairs
  • The investigation powers extend beyond company officers to anyone financially interested in the company, anyone who can control or influence its policy, and anyone the inspector reasonably believes holds relevant information
  • References to the court in those borrowed provisions are replaced by references to the Corporate Enforcement Authority, except in relation to section 757 (court orders for defaults in producing documents)
  • The Authority may withhold parts of a report where there is good reason, and must ensure that the Registrar keeps a copy of whichever version of the report is disclosed

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