Section 439: Expenses of investigating a company's affairs.

Companies Act 1985 · 1985 c. 6View on legislation.gov.uk

Part XIV: Investigation of Companies and Their Affairs; Requisition of Documents

A person who is convicted on a prosecution instituted as a result of the investigation . . . may in the same proceedings be ordered to pay those expenses to such extent as may be specified in the order.

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A body corporate dealt with by an inspectors' report, where the inspectors were appointed otherwise than of the Secretary of State's own motion, is liable except where it was the applicant for the investigation, and except so far as the Secretary of State otherwise directs.

Where inspectors were appointed—

under section 431, or
on an application under section 442(3),

the applicant or applicants for the investigation is or are liable to such extent (if any) as the Secretary of State may direct.

The report of inspectors appointed otherwise than of the Secretary of State's own motion may, if they think fit, and shall if the Secretary of State so directs, include a recommendation as to the directions (if any) which they think appropriate, in the light of their investigation, to be given under subsection (4) or (5) of this section.

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Any liability to repay the Secretary of State imposed by subsection (2) above is (subject to satisfaction of his right to repayment) a liability also to indemnify all persons against liability under subsections (4) and (5). . . .

A person liable under any one of those subsections is entitled to contribution from any other person liable under the same subsection, according to the amount of their respective liabilities under it.

Expenses to be defrayed by the Secretary of State under this section shall, so far as not recovered under it, be paid out of money provided by Parliament.

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.