Companies Act 2014

757

Court may make order in relation to default in production of books or documents, etc.

757. (1) The court may make any order or give any direction it thinks fit if—

(a) an officer or agent of a company or related body corporate under investigation or a person referred to in section 754 refuses or fails within a reasonable time to—

(i) produce to the inspectors any book or document that it is that person’s duty under sections 753 to 755 to produce;

(ii) attend before the inspectors when required to do so; or

(iii) answer a question put to that person by the inspectors with respect to the affairs of the company or other body corporate as the case may be;

(b) the inspectors have certified the refusal or failure to the court in a certificate signed by them; and

(c) the court has taken the steps set out in subsection (2).

(2) The court may make an order or give a direction under subsection (1) if the court has—

(a) enquired into the case;

(b) heard any witnesses who may be produced against or on behalf of the person alleged to be in default; and

(c) heard any statement made in that person’s defence.

(3) Without prejudice to the generality of subsection (1), the court may, after a hearing under subsection (2), direct that the person concerned—

(a) attend or re-attend before the inspectors or produce particular books or documents or answer particular questions put to that person by the inspectors; or

(b) need not produce a particular book or document or answer a particular question put to that person by the inspectors.