C8C6C1C2C3C4Part 15Accounts and reports

Annotations:
Modifications etc. (not altering text)
C8

Pt. 15 applied (with modifications) (8.12.2017) by The Risk Transformation Regulations 2017 (S.I. 2017/1212), regs. 1(2), 162, 163 (with reg. 189)

C6

Pts. 1-39 modified (31.12.2020) by Regulation (EC) No. 2157/2001, Art. AAA1(3) (as inserted by The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1298), regs. 1, 97 (with regs. 140-145) (as amended by S.I. 2020/523, regs. 1(2), 5(a)-(f)); 2020 c. 1, Sch. 5 para. 1(1))

C2

Pt. 15 applied (with modifications) (6.4.2008) by The Partnerships (Accounts) Regulations 2008 (S.I. 2008/569), regs. 4, 7, Sch. Pt. 1

C3

Pt. 15 applied (with modifications) (1.10.2009) by The Unregistered Companies Regulations 2009 (S.I. 2009/2436), regs. 3-5, Sch. 1 para. 16 (with transitional provisions and savings in regs. 7, 9, Sch. 2)

C9C8Chapter 11Revision of defective accounts and reports

Annotations:
Modifications etc. (not altering text)
C9

Pt. 15 Ch. 11 applied (with modifications) in part (31.7.2015) by The European Grouping of Territorial Cooperation Regulations 2015 (S.I. 2015/1493), regs. 1(2), 7(1) (with reg. 11)

Power of authorised person to require documents etc

C7C5C10459Power of authorised person to require documents, information and explanations

1

This section applies where it appears to a person who is authorised under section 457 that there is, or may be, a question whether a company's annual accounts F2, strategic report or directors’ report complies comply with the requirements of this Act F1....

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 456, 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 paragraph (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

A statement made by a person in response to a requirement under subsection (2) or an order under subsection (5) may not be used in evidence against him in any criminal proceedings.

7

Nothing in this section compels any person to disclose documents or information in respect of which a claim to legal professional privilege (in Scotland, to confidentiality of communications) could be maintained in legal proceedings.

8

In this section “document” includes information recorded in any form.