Companies Act 2014 section 795

Saving for privileged information

Section 795 protects legally privileged information during company investigations and sets out procedures for resolving disputes about whether material qualifies as privileged.

• Legally privileged material is generally protected from compulsory disclosure under the investigation powers in this Part of the Act, but information suspected of being privileged may still be collected provided its confidentiality is maintained pending a court ruling on its status.
• Where potentially privileged information is collected, either the person who received it or the person from whom it was taken may apply to the court to determine whether it is privileged, and the recipient must apply within 14 days if the other party has not already done so.
• The Corporate Enforcement Authority cannot use its powers under sections 778 to 780 to require a bank to produce documents relating to a customer's affairs unless it is investigating the bank itself or the customer is already subject to a requirement under those sections.
• Any report, information, book or document published under this Chapter of the Act is legally privileged, providing protection against claims such as defamation.