Companies Act 2014 section 797

Court may order compliance by company or officer

Section 797 provides a mechanism by which the court can order a company or its officer to comply with the requirements of the Companies Act 2014, where they have failed to do so after being given notice.

• Where a company or officer fails to comply with the Act and does not remedy the default within 14 days of being served notice, certain persons may apply to court for a compliance order
• Applications may be made by any member or creditor of the company, the Corporate Enforcement Authority, or the Registrar of Companies
• The court may order the defaulting company or officer to remedy the breach within a specified timeframe and may require them to pay all costs associated with the application
• No order may be made where the default constitutes a wrong actionable only by the company itself, unless the default amounts to a criminal offence

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