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

Seán Sherlock: I do not know if I am answering the question correctly, but we cannot go beyond the level that is set for District Court fines.

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

Seán Sherlock: There were quite a lot of numbers in that section. Category 4 offences will be prosecutable only on a summary basis and on conviction will give rise to no more than a class A fine.

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

Seán Sherlock: Exactly, but we are not in a position to determine what a class A fine is as per this legislation. It is already set out under the terms of the Fines Act 2010.

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

Seán Sherlock: I have not seen an amendment to that effect.

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

Seán Sherlock: It will reflect that.

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

Seán Sherlock: Exactly.

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

Seán Sherlock: I am clear in my own mind and the Deputies have articulated their view.

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

Seán Sherlock: For purposes of clarification, it is important to state that there are fines up to what is the equivalent of £5,000. We are prescribing a maximum but it involves fines up to that amount.

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

Seán Sherlock: Therefore there is a discretion on the part of the court.

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

Seán Sherlock: I move amendment No. 107: In page 705, between lines 40 and 41, to insert the following:“Civil enforcement of prohibition on trading under misleading name 876. (1) On the application of the Registrar or the Director, the court may order that a person shall cease, within the time specified in the order, to carry on any trade, profession or business in contravention of section 27(1) if...

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

Seán Sherlock: I wish to clarify this in my own mind because we are all getting a bit confused after 107 amendments.

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

Seán Sherlock: We vote, in effect, to discard the pre-existing section 876.

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

Seán Sherlock: The amendment is carried by virtue of that.

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 878(1)(b) on Report Stage. The purpose of this amendment will be to correct a missing reference in subsection (1)(b) that ought to read "book or document".

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

Seán Sherlock: I move amendment No. 108: In page 708, line 2, before “the purposes” to insert “for”.This is a simple amendment to correct the omission of the word "for".

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

Seán Sherlock: I am considering tabling an amendment to section 884(2) on Report Stage. The purpose of this amendment would be to correct the reference to subsection (1).

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

Seán Sherlock: I propose to table an amendment to section 886 on Report Stage. The purpose of that amendment will be to further clarify the relationship between legal professional privilege and section 448.

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

Seán Sherlock: I move amendment No. 109: In page 717, line 22, to delete “kept by the Registrar” and substitute “which has been received and recorded by the Registrar in pursuance of this Act”.The purpose of this amendment is to clarify that the Companies Registration Office is only obliged to provide documents for inspection that it has received and recorded.

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

Seán Sherlock: I propose to table an amendment on Report Stage to introduce new subsections to provide for the transposition of the necessary elements of Article 3 of Directive 2012/17/EU, which concerns the interconnection of registers between EEA states.

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

Seán Sherlock: I propose on Report Stage to table an amendment dealing with the archiving of documents. The purpose of the amendment is to assist the Companies Registration Office and the National Archives of Ireland, and to align the Bill with current practice.

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