Section 233: Inspector’s reports

233. Inspector’s reports (1) An inspector who makes an investigation under section 231 or 232 may, and if so directed by the Registrar shall, make interim reports to the Registrar. (2) Subject to section 236 (3), a copy of the inspector’s final report shall be forwarded to the Registrar and to the registered office of the company, and a further copy shall, at the request of the authority who requested the designation for the declared company under section 230 (c) or an applicant under section 232, be delivered to the authority or the applicant, as the case may be. (3) The Registrar may, where he is of the opinion that it is necessary in the public interest to do so, cause the report to be published. (4) Where from a report of an inspector it appears to the Registrar that proceedings ought in the public interest to be brought by a company dealt with by the report— (a) for the recovery of damages in respect of any fraud, misfeasance or other misconduct in connection with— (i) the promotion or formation of that company; or (ii) the management of its affairs; or (b) for the recovery of any property of the company which has been misapplied or wrongly retained, the Registrar may bring proceedings for that purpose in the name of the company. (5) Where from a report of an inspector it appears that any qualified auditor— (a) has been guilty of misconduct; or (b) has conducted an audit in a manner which renders him in the opinion of the inspector unfit to be a qualified auditor, C35 – 141 [Issue 1] Companies Act the Registrar shall refer that matter to the Minister who may take action under section 199 (3). (6) Where from a report of an inspector it appears to the Registrar that in the case of any public company or private company other than a small private company— (a) the use of— (i) a holding company or any subsidiary company; (ii) shares with restricted voting rights or special rights; or (iii) any voting trust or arrangement, by any member has been made in order to confer or maintain control in that member; and (b) such control unfairly discriminates against or is unfairly prejudicial to other members of the company, the Registrar may apply to the Court under section 178 for an order under that section.