Companies Act 2014 section 783

Court may order third party to comply with requirement to produce books or documents

Section 783 empowers the court to order a third party to comply with requirements to produce books or documents, or to provide explanations, statements, or assistance, where that third party has failed to do so following a request from the Corporate Enforcement Authority.

  • Where a third party fails to produce books or documents requested by the Corporate Enforcement Authority, or fails to provide an explanation, statement, or assistance as required, and does not remedy the default within 14 days of receiving a notice, the Authority may apply to the court for an order compelling compliance.
  • The court, having given the third party an opportunity to be heard, may order the third party to remedy the default within a timeframe specified by the court.
  • The court may also order the third party to pay all costs associated with the application.
  • This court-order mechanism does not replace or limit any criminal offences that may apply under the Act for failing to comply with requirements to produce books or documents.

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