Companies Act 2014 section 766

Expenses of investigation of company ownership

Section 766 deals with who may be required to pay the costs of an investigation into company ownership carried out under section 764, and the limits that apply when such costs are ordered against certain persons.

  • The court may, on application by the Corporate Enforcement Authority, order the company under investigation to repay all or part of the investigation expenses
  • Where a person is convicted, ordered to pay damages, ordered to restore property, or awarded damages or property as a result of the investigation, the court may also order that person to contribute to the investigation costs
  • Where the person ordered to pay costs is someone who was themselves awarded damages or had property restored, the expenses ordered cannot exceed one-tenth of the value of those damages or restored property
  • Any such costs order against a person awarded damages or property cannot be enforced until that person has actually received the damages or had the property restored to them

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