Court Inspectors

The CEA (formerly ODCE) may appoint inspectors to investigate company affairs, with powers transferred from the Minister for Enterprise by the Company Law Enforcement Act 2001. The court may also appoint inspectors upon application from members, creditors, or the company itself, requiring evidence to justify the investigation. Inspectors can examine company activities, related entities, ownership structures, and financial interests. Investigations often arise from public interest concerns, allegations of misconduct, or the administration of company law.

Inspectors have access to books, records, and bank accounts of companies and related parties. They may summon officers and third parties for examination and compel the production of documents. Reports generated may inform ODCE actions, including potential petitions for winding up or court orders to address adverse impacts on stakeholders. Interim and final reports may be shared with relevant parties, and publication is privileged from defamation.

Fair procedures must be followed, ensuring affected individuals can respond to allegations. Costs of investigations are borne initially by the relevant authority but may be recovered from the company, applicants, or parties liable for damages. Disclosure of information obtained during investigations is restricted, except for defined purposes such as prosecutions, tax assessments, or regulatory functions. Self-incrimination protections apply, limiting the use of compelled statements in criminal proceedings.