Seán Sherlock (Cork East, Labour) | Oireachtas source

I move amendment No. 184:

In page 673, to delete lines 15 to 17 and substitute the following:“(b) section 791; or

(c) section 877.”.

The purpose of this amendment is to remove the reference to the offence under section 878. As the Bill stands, the reference to section 878 is contradictory as the offence of destruction, mutilation or falsification of any book or document can only be committed by an officer of the company and not by the body corporate itself. This section applies where an offence is committed by a body corporate. As regards offences relating to producing, disclosing, destroying or falsifying books or documents belonging to the company, in such cases where the offence can be proven to have been committed with the consent or connivance, or due to the neglect of an officer of the company, that officer together with the body corporate will be guilty of the offence.

Where the affairs of the body corporate are managed by its members, this section will apply to those members as if they were a director or manager of the company. This derives from section 241 of the Companies Act 1990.

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