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Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (5 Nov 2013)

Seán Sherlock: I will ensure officials from my Department liaise with him on the issue.

Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (5 Nov 2013)

Seán Sherlock: I am considering the introduction on Report Stage of an amendment to section 239 to clarify whether companies other than private companies limited by shares are required to give approval in relation to substantial transactions on loans to directors or other particular transactions involving a conflict of interest.

Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (5 Nov 2013)

Seán Sherlock: Again, I am considering the introduction on Report Stage of an amendment to 241 to provide exemptions in regard to certain arrangements.

Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (5 Nov 2013)

Seán Sherlock: I move amendment No. 62: In page 256, line 5, to delete “subsection (2) of”.

Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (5 Nov 2013)

Seán Sherlock: I am considering the introduction on Report Stage of an amendment to section 252, the purpose of which is to include missing references to a director's widow, widower, civil partner and dependants.

Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (5 Nov 2013)

Seán Sherlock: I move amendment No. 63: In page 276, between lines 34 and 35, to insert the following: "Overall limitation on discretions with respect to length of financial year and annual return date 274. (1) The discretions of a company under this Part with respect to the length of its financial year or to its annual return date are subject to the overall limitation that those discretions must be...

Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (5 Nov 2013)

Seán Sherlock: This is not a logical inclusion in a company's financial statements. Financial statements relate to the company's financial performance and not its tax obligations. Fiscal accounting addresses tax obligations. If the Government were to require businesses to obtain and publish a certificate of tax compliance it would do so in tax law to catch both company and all non-company businesses that...

Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (5 Nov 2013)

Seán Sherlock: I move amendment No. 65:In page 281, line 29, to delete “section section 8” and substitute “section 8”.

Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (5 Nov 2013)

Seán Sherlock: I am considering introducing an amendment to section 277 on Report Stage, the purpose of which is to include reference to "entity, financial statements" in section 277(1).

Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (5 Nov 2013)

Seán Sherlock: I am considering introducing an amendment to section 283 on Report Stage, the purpose of which is to ensure all transactions must be recorded in writing, especially in cash businesses.

Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (5 Nov 2013)

Seán Sherlock: I am considering introducing an amendment to section 287 on Report Stage to clarify the threshold in section 287(5).

Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (5 Nov 2013)

Seán Sherlock: I am considering introducing an amendment to section 289 on Report Stage. Section 289(3) needs clarification regarding its application to foreign subsidiaries not otherwise subject to Irish company law.

Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (5 Nov 2013)

Seán Sherlock: I am considering introducing an amendment to section 290 on Report Stage to clarify the period to which it refers and thus make it more accurate.

Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (5 Nov 2013)

Seán Sherlock: I am considering introducing amendments to sections 291 and 294 on Report Stage to incorporate SI 510 of 2012. This statutory instrument gives companies a chance to revert from Companies Act financial statements to IFRS financial statements once in every five years.

Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (5 Nov 2013)

Seán Sherlock: Since group financial statements relate to a corporate group, the group financial statements of a subsidiary, which is also a parent company, would not give any more information than the group accounts of the company at the top of the corporate group. Therefore deletion of this exemption would benefit no one other than the lawyers and accountants who would have to prepare and file thousands...

Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (5 Nov 2013)

Seán Sherlock: I am not sure I understand the question. This is effectively avoiding a duplication or proliferation of reporting mechanisms. The Deputy seems to seek greater clarity on those companies that are Irish-registered but non-resident companies. Section 301 reads: "Subject to its not having elected to prepare IFRS group financial statements and to subsection (4), a holding company is exempt from...

Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (5 Nov 2013)

Seán Sherlock: I can get the Deputy a more comprehensive answer on the issue. It follows on, in effect, the theme of the other amendments on management and control. The Deputy earlier asked for the number of companies that are registered. We will come back to the Deputy with a more complete reply based on the questions he has asked.

Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (5 Nov 2013)

Seán Sherlock: Every company or entity is required to make a return. The entirety of the operations are covered under the group financial statement. I gather that what Deputy O'Brien is getting at-----

Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (5 Nov 2013)

Seán Sherlock: Every company operating in Ireland has to be tax complaint in Ireland; there is no ambiguity about that. They have to provide a report. We can delve a little deeper into it.

Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (5 Nov 2013)

Seán Sherlock: That is no problem.

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