Companies Act 2014 section 800

Court may make disclosure order

Section 800 sets out the circumstances in which a court may make a disclosure order regarding interests in shares or debentures of a company, who may apply for such an order, and the conditions the court must be satisfied of before granting one.

• An application for a disclosure order may be made by any person with a financial interest in the company or by the Corporate Enforcement Authority, and must be supported by evidence as the court requires.
• The court may only make a disclosure order where it considers it just and equitable; for applicants other than the Authority, the court must also be satisfied that the applicant's financial interest is or will be prejudiced by non-disclosure of interests in the company's shares or debentures.
• Where the Authority applies for a disclosure order, it cannot simultaneously use its separate investigative powers under sections 764(1) and 767 in respect of the same shares or debentures.
• "Financial interest" is broadly defined to include interests as member, contributory, creditor, employee, co-adventurer, examiner, lessor, lessee, licensor, licensee, liquidator or receiver in relation to the company or a related company.

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