Companies Act 2014

786

Expenses relating to examination of books or documents

786. (1) On the application of the F472[Authority, the court may direct that a company that is the subject of a direction given under section 778 shall be liable to repay the Authority] so much of the expenses of and incidental to the examination of books or documents produced as the court directs.

(2) Without prejudice to subsection (1) but subject to subsection (4), where a court enters a conviction or makes an order in a case set out in subsection (3), the court may, in the same proceedings, order the person concerned to repay the F472[Authority] so much of the expenses of and incidental to an examination following a direction given under section 778 as the court directs.

(3) The cases referred to in subsection (2) are where the court—

(a) convicts the person on indictment of an offence on a prosecution instituted as a result of the direction;

(b) orders the person to pay damages or restore any property in proceedings brought as a result of the direction; or

(c) awards damages to or orders the restoration of property to the person in proceedings brought as a result of the direction.

(4) Where a court makes an order for payment of expenses under subsection (2) against a person to whom subsection (3)(c) relates—

(a) the court shall not order payment of expenses that are more than one-tenth of the amount of the damages awarded or of the value of the property restored, as the case may be, and

(b) the order shall not be executed until the person concerned has received the damages or the property has been restored.

Annotations

Amendments:

F472

Substituted (6.07.2022) by Companies (Corporate Enforcement Authority) Act 2021 (48/2021), s. 12(1) and sch. 2 ref. nos. 180, 181, S.I. No. 335 of 2022.