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Companies Bill 2012: Report and Final Stages (25 Mar 2014)

Seán Sherlock: I move amendment No. 72:In page 213, line 21, after “liabilities” to insert the following:“(being the debts and liabilities identified for the purposes of paragraph (d) and so far as not already paid or discharged)”.

Companies Bill 2012: Report and Final Stages (25 Mar 2014)

Seán Sherlock: I move amendment No. 73:In page 219, between lines 12 and 13, to insert the following:“(5) Subsection (5) does not apply—(a) if the services to the other computer there mentioned are provided by means of the technology commonly known as cloud computing or by any other distance hosting solution; or (b) to the extent that regulations under subsection (6) provide that it shall not...

Companies Bill 2012: Report and Final Stages (25 Mar 2014)

Seán Sherlock: I move amendment No. 74:In page 222, to delete lines 36 to 40, and in page 223, to delete lines 1 to 13 and substitute the following:“219. (1) Subsections (3) and (4) shall apply to any case in which a provision of this Act requires or authorises a notice to be served on or given to a member of a company by the company, or an officer of it, but save to the extent that the constitution...

Companies Bill 2012: Report and Final Stages (25 Mar 2014)

Seán Sherlock: This section contains the form of directors' compliance statement as recommended by the company law review group. Having analysed the provisions contained in the 2003 Act, the group determined that such extra duties, as set out in the Act, would do little to increase compliance. In fact, it would actually result in an increase in red tape at significant cost to businesses. The set-up cost...

Companies Bill 2012: Report and Final Stages (25 Mar 2014)

Seán Sherlock: I move amendment No. 80:In page 233, to delete lines 34 and 35 and substitute the following:“(10) Any reference in this section to a contract —(a) shall be read as excluding a reference to a contract the decision as to whether to enter into it is taken, or falls to be taken, other than by the board of directors or a committee of which the first-mentioned director in subsection...

Companies Bill 2012: Report and Final Stages (25 Mar 2014)

Seán Sherlock: I move amendment No. 82:In page 240, line 32, to delete “private company limited by shares ” and substitute “company formed and registered under this Act or an existing company”.The purpose of this amendment is to provide clarification. The wording as it currently stands is misleading in the context of the overall approach and layout of the Bill and suggests,...

Companies Bill 2012: Report and Final Stages (25 Mar 2014)

Seán Sherlock: I move amendment No. 83:In page 242, to delete lines 8 to 10 and substitute the following:“(b) the amount of a company’s relevant assets shall be determined in accordance with section 239(2); and (c) there shall not be reckoned any arrangement entered into in accordance with the Summary Approval Procedure.”.The purpose of this amendment is to provide exemptions in regard...

Companies Bill 2012: Report and Final Stages (25 Mar 2014)

Seán Sherlock: I move amendment No. 84:In page 245, between lines 37 and 38, to insert the following:“(7) No approval is required to be given under this section by any body corporate unless it is a company formed and registered under this Act, an existing company or a wholly owned subsidiary of a body corporate.”.The purpose of this amendment is to correct an omission. The amendment provides...

Companies Bill 2012: Report and Final Stages (25 Mar 2014)

Seán Sherlock: I am given to understand that a company's tax compliance can be checked out with the Revenue Commissioners, but the Chair may correct me on that. We do not support the amendment, but I believe compliance can be checked.

Companies Bill 2012: Report and Final Stages (25 Mar 2014)

Seán Sherlock: Perhaps we can provide some clarification on that. This is not a logical inclusion in a company's financial statements, but the Deputy may have alluded to this in his statement defending the amendment. Financial statements relate to the companies financial performance, not to its tax obligations. Fiscal accounting addresses tax obligations. If the Government was to consider a requirement...

Companies Bill 2012: Report and Final Stages (25 Mar 2014)

Seán Sherlock: I move amendment No. 86:In page 270, line 26, after “company’s” to insert “entity”.

Companies Bill 2012: Report and Final Stages (25 Mar 2014)

Seán Sherlock: I move amendment No. 87:In page 273, lines 30 and 31, to delete “a record of all goods purchased, and of all goods sold (except those sold by way of ordinary retail trade)” and substitute “a record of all transactions whereby goods are purchased and whereby goods are sold”.The purpose of these amendments is to make certain that all transactions must be recorded in...

Companies Bill 2012: Report and Final Stages (25 Mar 2014)

Seán Sherlock: I move amendment No. 88:In page 274, line 2, to delete “of the services provided or purchased” and substitute “of all transactions whereby services are provided and whereby services are purchased”.

Companies Bill 2012: Report and Final Stages (25 Mar 2014)

Seán Sherlock: To be helpful, my intention was to suggest we should look into it.

Companies Bill 2012: Report and Final Stages (25 Mar 2014)

Seán Sherlock: On the face of it, the amendment makes sense, but in the age of cloud computing and remote servers it would place an imposition on businesses because the amount of physical storage facilities they would have to make available could be restrictive if located in city centre locations, for example. Many small offices are located in city centre locations where space is at a premium and would be...

Companies Bill 2012: Report and Final Stages (25 Mar 2014)

Seán Sherlock: I move amendment No. 90:In page 278, lines 18 and 19, to delete all words from and including “assets,” in line 18 down to and including “loss—” in line 19 and substitute the following:“assets, liabilities and financial position, as at the end of the financial year, and profit or loss, for the financial year—”.This is a helpful...

Companies Bill 2012: Report and Final Stages (25 Mar 2014)

Seán Sherlock: It is a "true and fair value."

Companies Bill 2012: Report and Final Stages (25 Mar 2014)

Seán Sherlock: I have three people here who will back me up.

Companies Bill 2012: Report and Final Stages (25 Mar 2014)

Seán Sherlock: I move amendment No. 91:In page 301, line 31, to delete “licensed bank” and substitute “credit institution”.

Companies Bill 2012: Report and Final Stages (25 Mar 2014)

Seán Sherlock: I move amendment No. 92:In page 301, line 32, to delete “licensed bank” and substitute “credit institution”.

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