Seán Sherlock (Cork East, Labour) | Oireachtas source

I move amendment No. 73:

In page 396, between lines 4 and 5, to insert the following:
“Definitions (Part 7)
409. In this Part—“charge”, in relation to a company, means a mortgage or a charge, in an agreement (written or oral), that is created over an interest in any property of the company (and in section 410(8) and sections 415 to 422 includes a judgment mortgage) but does not include a mortgage or a charge, in an agreement (written or oral), that is created over an interest in—

(a) cash;
(b) money credited to an account of a financial institution, or any other deposits, shares, bonds or debt instruments;
(c) units in collective investment undertakings or money market instruments; or
(d) claims and rights (such as dividends or interest) in respect of any thing referred to in any of the foregoing paragraphs;

“property”, in relation to a company, includes any assets or undertaking of the company.”.

I also am considering the introduction of an amendment to section 409 on Report Stage to address any ambiguity as regards the definition of a charge.