Oireachtas Joint and Select Committees
Wednesday, 6 November 2013
Select Committee on Jobs, Enterprise and Innovation
Companies Bill 2012: Committee Stage (Resumed)
10:30 am
Seán Sherlock (Cork East, Labour)
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I move amendment No. 128:
In page 913, to delete line 49, and in page 914, to delete lines 1 to 35 and substitute the following:
"(8) Subsections (9) to (12) have effect notwithstanding—(a) the repeal by the Act of 2001 of section 24, as originally enacted, of the Act of 1963 (the “original section 24”); or
(b) the repeal by this Act of section 24, inserted by section 88(1) of the Act of 2001, of the Act of 1963 (the “substituted section 24”) or of the Act of 2001.(9) A licence that—(a) had been granted by the Minister pursuant to subsection (1) or (2) of the original section 24 to a company limited by guarantee; and
(b) is in force immediately before the commencement of this section,
shall, on and from whichever thing referred to in section 1185(5)(a) or (b) happens first, continue to have effect but with the modification that it shall operate to exempt the company from the use of the words "company limited by guarantee" or "cuideachta faoi theorainn ráthaíochta" as part of its name and the publishing of its name.(10) Subsections (4) to (7) of the original section 24 shall continue in force in relation to the foregoing licence as if that section 24 had never been repealed, except that references in those subsections to the Minister, wherever occurring, shall be read as references to the Registrar.
(11) An exemption that immediately before the repeal of the Act of 2001 operated, by virtue of the substituted section 24, in favour of a company limited by guarantee shall, on and from whichever thing referred to in section 1185(5)(a) or (b) happens first, continue to have effect but—(a) with the modification that it shall operate to exempt the company from the use of the words “company limited by guarantee” or “cuideachta faoi theorainn ráthaíochta” as part of its name and the publishing of its name; and
(b) subject to subsection (12). (12) Subsections (4) to (7) shall, with the necessary modifications, apply to a foregoing exemption as they apply to an exemption under subsection (1).
(13) Subsections (9) to (12) are without prejudice to section 1185(4) (which saves for a limited period the effect of provisions of the prior Companies Acts (including section 88(2) of the Act of 2001) that impose a requirement, or confer an exemption from a requirement, with regard to the use of “limited” or “teoranta” or their abbreviations).
(14) In relation to—(a) a CLG that avails itself of the exemption under subsection (1) or continues to avail itself of a licence or exemption referred to in subsection (9) or (11); and
(b) an existing guarantee company (within the meaning of section 1184) that avails itself, during the period specified in section 1185(4), of an exemption conferred by a provision of the prior Companies Acts with regard to the use of "limited" or "teoranta" or their abbreviations,
section 152 shall have effect as if, in addition to the particulars specified in subsection (2)(a) to (c) of that section to be included on all business letters and order forms of the CLG, there were specified in that subsection the fact of the CLG being a limited company.(15) In this section "Act of 2001" means the Company Law Enforcement Act 2001.".