Seán Sherlock (Cork East, Labour) | Oireachtas source

I move amendment No. 107:

In page 705, between lines 40 and 41, to insert the following:“Civil enforcement of prohibition on trading under misleading name
876. (1) On the application of the Registrar or the Director, the court may order that a person shall cease, within the time specified in the order, to carry on any trade, profession or business in contravention of section 27(1) if that person has—

(a) been convicted of an offence under section 27(2);
(b) been served with a notice by the Registrar or Director requiring that person to cease to carry on a trade, profession or business in contravention of section 27(1); and
(c) failed to comply with the notice within 14 days after the date of service of the notice, or such greater period as may be specified in the notice in that behalf.

(2) In making an order under subsection (1) the court may order that all costs of and incidental to the application shall be borne by the person against whom the order is made.”.

The purpose of the amendment is to ensure all company types are covered by the offence of trading under a false name. The amendment extends the prohibition to designated activity companies.