CPA · Business Corporations Act
Part 18 — Investigation
231 Court order for investigation
any notice that the Court may require, for an order directing an
investigation to be made of the corporation and any of its affiliated
corporations.
(2) If, on an application under subsection (1), it appears to the
Court that there are sufficient grounds to conduct an investigation
to determine whether
(a) the business of the corporation or any of its affiliates i s or
has been carried on with intent to defraud any person,
(b) the business or affairs of the corporation or any of its
affiliates are or have been carried on or conducted, or the
RSA 2000
powers of the directors are or have been exercised, in a
manner that is oppressive or unfairly prejudicial to or that
unfairly disregards the interests of a security holder,
(c) the corporation or any of its affiliates was formed for a
fraudulent or unlawful purpose or is to be dissolved for a
fraudulent or unlawful purpose, or
(d) persons concerned with the formation, business or affairs of
the corporation or any of its affiliates have in that
connection acted fraudulently or dishonestly,
the Court may order an investigation to be made of the corporation
and any of its affiliated corporations.
(3) An applicant under this section or section 232 is not required to
give security for costs.
(4) An application under this section or section 232 shall be heard
in camera unless the Court otherwise orders.
(5) No person may publish anything relating to proceedings under
this section or section 232 except with the authorization of the
Court or the written consent of the corporation being investigated.
(6) Documents in the possession of the Court relating to an
application under this section or section 232 are confidential unless
the Court otherwise orders.
(7) Subsections (5) and (6) do not apply to an order of the Court
under this section or section 232.
1981 cB-15 s223;1983 c20 s16