Companies Act 2014
Application of certain provisions to investigation of company ownership
765. (1) For the purposes of an investigation under section 764, sections 750 and 752 to 759 shall, with the necessary modifications of references to the affairs of the company or to those of any other body corporate, apply in accordance with subsections (2) and (3) and subject to subsection (4).
(2) The provisions referred to in subsection (1) shall apply in relation to the following persons in the same way that they apply to officers and agents of the company or other body corporate whose ownership is being investigated, as the case may be:
(a) all persons who are or have been, or whom the inspector has reasonable cause to believe to be or have been, financially interested in the success or failure (real or apparent) of the company or other body corporate;
(b) all persons who are able to control or materially to influence the policy of the company or the other body corporate, including persons concerned only on behalf of others;
(c) any other person whom the inspector has reasonable cause to believe has information relevant to the investigation.
(3) For the references to the court (except in section 757) there shall be substituted references to the F444[Authority].
(4) The F444[Authority] may—
(a) where he or she considers that there is good reason for not divulging any part of a report made by virtue of this section, disclose the report with that part omitted,
(b) where he or she discloses the report with a part omitted under paragraph (a), ensure that a copy of the report with that part omitted is kept by the Registrar, and
(c) where he or she discloses the report without an omission under paragraph (a), ensure that a copy of the whole report is kept by the Registrar.
Substituted (6.07.2022) by Companies (Corporate Enforcement Authority) Act 2021 (48/2021), s. 12(1) and sch. 2 ref. nos. 135, 136, S.I. No. 335 of 2022.