Companies Act 2014 section 767

Director's power to require information as to persons interested in shares or debentures

Section 767 allows the Corporate Enforcement Authority to conduct its own inquiry into the ownership of a company's shares or debentures without appointing a formal inspector, and to compel individuals to provide information about those ownership interests.

  • The Authority may investigate share or debenture ownership informally, without appointing an inspector, where it considers such an investigation necessary
  • The Authority can require any person believed to hold relevant information to disclose details of past and present interests in shares or debentures, including the identities of interested parties and their representatives
  • A broad definition of "interest" captures not only direct ownership but also rights to acquire or dispose of shares, voting rights, consent rights, and the ability to direct how others exercise their rights
  • Failure to provide the required information, or providing false information, is a category 2 offence, and the Authority may also apply to court for an order compelling compliance

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