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

Seán Sherlock: It has increased from six months now but it was 30 days in the Bill and the amendment will push it to three months.

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

Seán Sherlock: It has increased from six to three months.

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

Seán Sherlock: The Bill stated 30 days so one could argue that it will split the difference with Revenue.

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

Seán Sherlock: I know that the Deputy is not being pedantic by posing his question. As he will know, in the case of any Bill consultations take place with a number of stakeholders. There may be a departmental view, there will be a CRO view and there may even be a Revenue on the matter. The original figure is six months but, following consultation with various stakeholders, it was felt that a figure of...

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

Seán Sherlock: At the moment it is six months.

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

Seán Sherlock: The Bill suggested 30 days.

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

Seán Sherlock: It is deemed that the District Court is unsuitable for this type of legislation. May I may beg the committee's indulgence to give a further explanation?

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

Seán Sherlock: We propose to introduce an amendment to section 762 on Report Stage to insert after paragraph (b) "or by virtue of the Director's functions under the law" in order to acknowledge that the Director of Corporate Enforcement may obtain information or documents in the exercise of his or her functions under the law.

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

Seán Sherlock: To which section is the Deputy referring?

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

Seán Sherlock: Effectively, Part 13 substantially re-enacts without any significant amendment the law regarding the appointment of inspectors to companies and seeks to codify all of the law relating to the investigation of companies. Therefore, the principal changes are the updating of definitions and terminology, facilitating access to the investigation procedure for small and medium-sized enterprises,...

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

Seán Sherlock: I move amendment No. 99: In page 635, line 24, 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 780 on Report Stage to correct an error and reflect the existing law by deleting the text "have been or are likely to be unlawful" in paragraph (i) and inserting the text "have been, are or are likely to be unlawful".

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

Seán Sherlock: For Deputy Lawlor's purposes, we are being a little bit pedantic.

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

Seán Sherlock: I move amendment No. 100: In page 645, line 42, to delete "1 month" and substitute "30 days".

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 788 on Report Stage to ensure continuity upon the death, retirement or transfer of a person fulfilling the role of designated officer in an investigation.

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 793 on Report Stage to include the Revenue Commissioners in the list of competent authorities.

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

Seán Sherlock: Has the Deputy reverted to Part 13?

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

Seán Sherlock: It brings together the various compliance and enforcement provisions found in existing legislation, a change that will provide greater transparency. The giving and acceptance of restriction and disqualification undertakings from directors are facilitated, thereby saving costs and court time. One of the Bill's most far-reaching reforms involves the introduction of a new four-tier...

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

Seán Sherlock: One of the questions that has arisen in relation to this section is around prosecutions of breaches of company law and whether the Bill will rectify this issue. The answer to that is that corporate offences are by their nature difficult to investigate. The fact that white collar criminals have gotten off lightly in the wake of the economic crisis should not lead to the conclusion that the...

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

Seán Sherlock: This section is also substantially unchanged from that provided in existing law. However, the court may make an order restraining a company or an officer of the company from removing his or her assets from the State or reducing those assets below a specified amount. This extends to the current law in that it also applies to the company and not, as provided under existing law, only to...

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