432. Power of authorised person to require documents, information and explanations
Past version: effective from 14/06/2015 - 13/06/2015
To view other versions open the versions tab on the right
(1) This section applies where it appears to a person who is authorised under section 431 (other persons authorised to apply to the Court) that there is, or may be, a question whether a company's annual accounts or directors' report complies with the requirements of these Regulations.
(2) The authorised person may require any of the persons mentioned in subsection (3) to produce any document, or to provide him with any information or explanations, that he may reasonably require for the purpose of—
(a) discovering whether there are grounds for an application to the Court under section 430 (application to Court in respect of defective accounts or reports), or
(b) deciding whether to make such an application.
(3) Those persons are—
(a) the company,
(b) any officer, employee, or auditor of the company,
(c) any persons who fell within subsection (3)(b) at a time to which the document or information required by the authorised person relates.
(4) If a person fails to comply with such a requirement, the authorised person may apply to the Court.
(5) If it appears to the Court that the person has failed to comply with a requirement under subsection (2), it may order the person to take such steps as it directs for securing that the documents are produced or the information or explanations are provided.
(6) Nothing in this section compels any person to disclose documents or information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.
(7) In this section "document" includes information recorded in any form.