Oireachtas Joint and Select Committees

Thursday, 23 October 2014

Public Accounts Committee

2012 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
2012 Accounts of the National Paediatric Hospital Development Board

12:20 pm

Photo of Seán FlemingSeán Fleming (Laois-Offaly, Fianna Fail) | Oireachtas source

I understand the practicalities. I am more interested in the legal form. If a receiver or a liquidator comes in, he or she can chase a company director for reckless or fraudulent trading. There are liabilities attaching to being a director in a company. Can the members of the board make a hames of this without being chased? Do they have the same level of legal responsibility to the board as a director of a company would have to that company and its shareholders under the Companies Act? This has nothing to do with the job the members of the board are doing. We all know about that. I want to know who carries the can. If the directors of a limited company were reckless in their work, they could be chased for that by the Director of Corporate Enforcement. Does the Director of Corporate Enforcement have any remit if the members of the board do something wrong while they are running this organisation?

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