Oireachtas Joint and Select Committees

Wednesday, 15 December 2021

Joint Oireachtas Committee on Jobs, Enterprise and Innovation

Companies Registration Office: Discussion

Mr. John Newham:

I thank the Deputy. The database references a lot of people with a lot of knowledge. I understand the point that it would be useful to exploit that in terms of a wider benefit. I would need to consider that carefully. The register is in place for a specific purpose under the Companies Act and it might be appropriate for those with that expertise, where they so wish, to offer their expertise in other areas to use another system or feature. I understand the point the Deputy has made.

On the broader question on liquidation and whatnot, the balance in the formation and reformation of different companies is always at play and of concern. Each company has a distinct legal personality, but there are obligations under the Companies Act especially when a company closes in an insolvency situation in terms of its duties to creditors, including employees. The CLRG is due to submit a report shortly on companies in insolvency situations where, prior to the insolvency, they have sold on their assets. This issue was noteworthy last year following the closure of a number of notable retailers. We await that report. I know it is not quite what the Deputy referred to; it is a broader issue. All we can say is that we constantly keep that balance under review.

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