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Section 799 of The Companies Act No. 17 of 2015: Expenses of investigation of company’s affairs

    

(1) The expenses of and incidental to an investigation by inspectors appointed by the Court are in the first instance to be met by the Attorney General, but the persons referred to in subsections (2) to (6) are liable to reimburse the Attorney General to the extent specified in those subsections.
(2) The court convicting a person on a prosecution brought as a result of an investigation under this Division may in the same proceedings order the person to meet the expenses of the investigation to such extent as may be specified in the order.
(3) If a court orders a person to pay the whole or any part of the costs of proceedings brought under section 814, it may in the same proceedings order the person to meet the expenses of the investigation to such extent as may be specified in the order.
(4) A body corporate in whose name proceedings are brought under section814 is liable to the amount or value of any money or property recovered by it as a result of those proceedings. An amount for which a body corporate is liable under this subsection is a first charge on the money or property recovered.
(5) If the inspectors were appointed otherwise than on the application of the Attorney General, anybody corporate dealt with in the inspectors' report is liable unless it was the applicant for the investigation, and except to the extent that the Attorney General otherwise directs.
(6) If the inspectors were appointed under section 786, the applicants for the investigation are liable to such extent (if any) as the Attorney General may direct.
(7) An inspector appointed otherwise than on the application of the Attorney General may (and shall if the Attorney General so directs) include in the inspector's report a recommendation as to the directions (if any) that the inspector considers appropriate, in the light of the inspector's investigation, to be given under subsection (5) or (6).
(8) For purposes of this section, costs or expenses incurred by the Attorney General in or in connection with proceedings brought under section 814 (including expenses incurred under subsection (2) of that section) are to be treated as expenses of the investigation giving rise to the proceedings.
(9) A liability to reimburse the Attorney General imposed by subsections (2) to(4) is (subject to satisfaction of the Attorney General's right to reimbursement) a liability also to indemnify all persons against liability under subsections (5) and (6).
(10) A liability imposed because of subsection (2) or (3) is (subject to satisfaction of the Attorney General's right to reimbursement) a liability also to indemnify all persons against liability under subsection (4).
(11) A person liable under subsections (2) to (4) is entitled to a contribution from every other person liable under the same subsection, according to the amount of their respective liabilities under it
(12) Expenses required to be met by the Attorney General under this section are, so far as they are not recovered under it, payable from money provided by Parliament.

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Disclaimer: This document is not to be taken as legal advise.

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