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

Seán Sherlock: In that case he or she can sign the statement of affairs as a director and not as secretary.

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

Seán Sherlock: I agree. Chairman, we will have a further discussion on this before Report Stage.

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

Seán Sherlock: I move amendment No. 80: In page 412, line 34, to delete “the CRO Gazette” and substitute “Iris Oifigiúil”.

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 438 on Report Stage. The purpose of the amendment is to provide precision in relation to a receiver's statutory power to borrow money only on the security of the company over which he or she has been appointed.

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 451 on Report Stage, the purpose of which is to clarify in subsection (3) that a court may on application and at any time order a scheme of meetings of the creditors or members to be summonsed in such a manner as the court directs.

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 456 on Report Stage to reflect existing law regarding the undertaking, assets and liabilities of a company in the reconstruction and amalgamation of a company.

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

Seán Sherlock: Again, I am considering the introduction of an amendment to section 457 on Report Stage to remove the specific cross-reference to Chapter 15 of Part 11.

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

Seán Sherlock: I move amendment No. 81: In page 432, line 8, to delete "the CRO Gazette" and substitute "Iris Oifigiúil ".

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 460 on Report Stage to provide for electronic communications and signatures, specify a time period within which subsection (5) must be complied with, and revise any cross-reference to instances in which a call notice has been served.

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

Seán Sherlock: I intend to propose an amendment to sections 463 and 487 on Report Stage. This may also involve amendments to Parts 16 and 19 as the purpose of the amendment is to clarify that the provisions relating to mergers may apply to unlimited companies and-or designated activity companies.

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

Seán Sherlock: I am considering introducing an amendment to sections 469 and 493 on Report Stage. The purpose of this amendment would be to revert to the use of independent person. This would be to ensure the section was consistent with the provisions of Article 10 of Directive 2011/35/EU and Article 8 of Directive 82/89/EEC.

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

Seán Sherlock: I move amendment No. 82: In page 441, line 14, to delete "subsection (5) " and substitute "subsections (4)(a) and (5) ".

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

Seán Sherlock: I move amendment No. 83: In page 442, to delete lines 1 to 9 and substitute the following:"(4) With regard to subsections (1) and (2) -(a) compliance with those subsections is not required in a case where the Summary Approval Procedure is employed to effect the merger; and (b) subject to that, those subsections shall be complied with by each of the merging companies at least 30 days before...

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

Seán Sherlock: I move amendment No. 84: In page 442, line 20, to delete "2 daily newspapers" and substitute "1 daily newspaper".

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

Seán Sherlock: I move amendment No. 85: In page 442, line 38, after "absorption" to insert "or in any other case where such a report is not required to be prepared by that section".

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

Seán Sherlock: I move amendment No. 86: In page 443, lines 30 to 33, to delete all words from and including "before" in line 30 down to and including "date." in line 33 and substitute the following:"before-(a) where the Summary Approval Procedure is employed to effect the merger, the date of the resolution referred to in section 203(1)(a)(ii) of the company; and (b) where that procedure is not employed for...

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 472 on Report Stage to relieve companies from the requirement to make certain documents available for physical inspection where the documents are made available free of charge on their websites.

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 473 on Report Stage to introduce a reference to the application of section 480 where the summary approval procedure is employed.

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

Seán Sherlock: I move amendment No. 87: In page 444, line 32, after "471(2)(b)" to insert "or, as the case may be, the notice in the daily newspapers referred to in section 471(5)(b)".

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

Seán Sherlock: I am considering introducing an amendment to Part 9 on Report Stage to remove references to the company not having been formed for the purpose of the operation in the context of mergers by acquisition.

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