juris

Section 238: Costs of investigations

Companies Act · PART XV: INVESTIGATIONS

consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

238. Costs of investigations (1) Subject to subsection (4), the expenses of and incidental to an investigation by an inspector under sections 232, 234 and 236 including the costs of any proceedings brought by the Registrar in the name of the company, shall be paid by the company investigated or where the Registrar so directs, by the applicant or in part by the company and in part by the applicant. (2) Where a company fails to pay the whole or any part of the sum which it is liable to pay under subsection (1), the applicant shall make good the deficiency up to the amount by which the security given by him under this part exceeds any amount which he has been directed to pay under subsection (1). (3) Any balance of the expenses not paid either by the company or the applicant shall, following reasonable steps to recover the same, be paid out of the Consolidated Fund. (4) Any person who is convicted on a prosecution instituted by the Director of Public Prosecutions as a result of the investigation may be directed by the Court before which the person is prosecuted to pay by way of reimbursement to the Consolidated Fund, the applicant, or the company as the case may be, the said expenses either in whole or in part.

Ask juris about this section Official source

Questions this section answers