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

Seán Sherlock: I will give a brief explanation of section 902, which is a new section. It contains transitional provisions relating to the Irish Auditing and Accounting Supervisory Authority or IAASA, provides for the continuance of the IAASA and the preservation of its membership except in so far as it is changed by section 903 and other provisions allowing for termination, change and an increase of its...

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

Seán Sherlock: They are there, as I understand it.

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

Seán Sherlock: There is a discretion on the part of the Minister to nominate business users.

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

Seán Sherlock: It would be rare to have a Minister for Jobs, Enterprise and Innovation who is not business friendly. Let us be honest about it.

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

Seán Sherlock: Government policy at present, as members know, is to reduce the number of people on boards, which is pertinent in terms of the public purse. We can take the matter back to the Minister, Deputy Bruton. There is no problem in having another look at it, with the Chairman's agreement.

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

Seán Sherlock: I acknowledge the point made by the Deputy.

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

Seán Sherlock: Definitions of what?

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

Seán Sherlock: I want to be sure it is clear in Deputy Lawlor's mind that there is a proposal to meet the Minister.

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

Seán Sherlock: With the permission of the Chair, may I comment? Members raised questions during the course of the discussion and we will seek to have the answers to them tomorrow or the day after. Please ensure I revert to members.

Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (Resumed) (6 Nov 2013)

Seán Sherlock: I thank the Vice Chairman and committee members for allowing us to flag amendments which will be dealt with on Report Stage. As requested by members, my officials have brought copies of the ODCE's guide to directors duties and powers. This document is available free of charge in both hard copy and on the Office of the Director of Corporate Enforcement, ODCE, website. As I mentioned...

Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (Resumed) (6 Nov 2013)

Seán Sherlock: I move amendment No. 110: In page 768, line 6, column 1, after “State” to insert “and prohibition of certain activities”.

Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (Resumed) (6 Nov 2013)

Seán Sherlock: I am also considering introducing an amendment to section 966 on Report Stage to clarify whether the direction of a DAC may vote in respect of a matter in which he or she is interested.

Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (Resumed) (6 Nov 2013)

Seán Sherlock: I move amendment No. 111: In page 774, to delete lines 7 to 37 and substitute the following:“(8) Subsections (9) to (12) have effect notwithstanding—(a) the repeal by the Act of 2001 of section 24, as originally enacted, of the Act of 1963 (the “original section 24”); or (b) the repeal by this Act of section 24, inserted by section 88(1) of the Act of 2001, of the...

Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (Resumed) (6 Nov 2013)

Seán Sherlock: The purpose of the section is to accommodate companies which have, on or after 1 March 2002, availed of the exemption from the requirement to include "limited" or "teoranta" in their name. As matters stand, under the Bill all companies which have, on or after March 2002, availed of the exemption, pursuant to section 24(1) of the Companies Act 1963 as substituted by section 88 of the Company...

Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (Resumed) (6 Nov 2013)

Seán Sherlock: It is almost like a meditation at this stage.

Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (Resumed) (6 Nov 2013)

Seán Sherlock: I move amendment No. 112: In page 778, between lines 14 and 15, to insert the following: “Status of existing guarantee company, having a share capital 982.(1) This section—(a) makes provision as to the status of an existing guarantee company, having a share capital; and (b) continues in force the memorandum and articles of such a company.(2) In this...

Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (Resumed) (6 Nov 2013)

Seán Sherlock: I move amendment No. 113: In page 778, between lines 14 and 15, to insert the following: “Transitional provision — use of “limited” or “teoranta” by existing guarantee company, having a share capital 983.(1) In this section—“existing guarantee company, having a share capital” has the same meaning as it has in section 982;...

Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (Resumed) (6 Nov 2013)

Seán Sherlock: I am considering introducing an amendment to section 985 on Report Stage to provide more accurate cross-referencing.

Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (Resumed) (6 Nov 2013)

Seán Sherlock: I move amendment No. 114: In page 781, to delete 38 and 39, and insert the following: “996.(1) Sections 348 and 349 shall not apply to a DAC if it satisfies the following conditions:(a) it has been formed for charitable purposes; and (b) it stands exempted from those sections by an order made by the relevant authority (which order the relevant authority is, by virtue of this section,...

Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (Resumed) (6 Nov 2013)

Seán Sherlock: I move amendment No. 115: In page 782, after line 45, to insert the following:“(6) In this section “relevant authority” means—(a) before the establishment day (within the meaning of the Charities Act 2009, the Commissioners of Charitable Donations and Bequests for Ireland; and (b) on or after the foregoing day, the Charities Regulatory Authority.”.

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