Results 5,281-5,300 of 11,114 for speaker:Damien English

Seanad: Companies Bill 2012: Report and Final Stages (30 Sep 2014)

Damien English: The purpose of these amendments is to change the reference to "Minister for Finance" to the "Minister for Public Expenditure and Reform" to reflect the reality that the function under the State Property Act 1954 transferred in July 2011 to the Minister for Public Expenditure and Reform under the Ministers and Secretaries (Amendment) Act 2011 and Statutory Instrument No. 418/2011 - Finance...

Seanad: Companies Bill 2012: Report and Final Stages (30 Sep 2014)

Damien English: The purpose of this amendment is to be more precise about the category of the offence which is subject to summary prosecution.

Seanad: Companies Bill 2012: Report and Final Stages (30 Sep 2014)

Damien English: The purpose of this amendment is to address the EU requirement in relation to Directive 2012/17/EU. Under EU law it is necessary to have a positive statement in law to the effect that information will be available as required by law and that this must be stated so that third parties can rely on the information.

Seanad: Companies Bill 2012: Report and Final Stages (30 Sep 2014)

Damien English: These amendments relate to the deletion from the remit of the supervisory authority of certain existing but uncommenced functions. The function concerned is what is known as a section 26 review, namely, a review of whether accounts comply with Companies Acts. The section 26 review was introduced in the 2003 Act and provided the supervisory authority with the novel power of requiring the...

Seanad: Companies Bill 2012: Report and Final Stages (30 Sep 2014)

Damien English: The purpose of this amendment is to ensure that the supervisory authority may also levy designated activity companies, DACs. This was always intended. Section 917 of the Companies (Auditing and Accounting) Act 2003 refers to private companies limited by shares. As Members will be aware, a designated activity company is also a type of private company limited by shares and to omit such a...

Seanad: Companies Bill 2012: Report and Final Stages (30 Sep 2014)

Damien English: The purpose of this amendment is to make provision for the supervisory authority in relation to the confidentiality of information it obtains in the exercise of its functions. It also identifies information obtained pursuant to this Bill that may be disclosed to State bodies and statutory authorities such as the Minister for Finance, the Garda Síochána, etc.. A breach of...

Seanad: Companies Bill 2012: Report and Final Stages (30 Sep 2014)

Damien English: The purpose of this amendment is to remove incorrect references from the table of this application.

Seanad: Companies Bill 2012: Report and Final Stages (30 Sep 2014)

Damien English: The purpose of this and other amendments in the group is to clarify that a single member company of any type, whether a designated activity company, a private limited company or so on may dispense with the holding of an annual general meeting.

Seanad: Companies Bill 2012: Report and Final Stages (30 Sep 2014)

Damien English: The purpose of this amendment is to remove an amendment inserted on Committee Stage. Upon close inspection, the amendment has proved to be unnecessary and potentially confusing for practitioners and others. I am satisfied the existing law relating to the acquisition of shares is essentially reflected in Part 3, section 102(1), which states that for any company, a requisite for a share...

Seanad: Companies Bill 2012: Report and Final Stages (30 Sep 2014)

Damien English: The purpose of this amendment is to make provision for the restriction and exemptions for directors of public limited companies. It makes it clear that a director of a public limited company may not vote with regard to contracts or arrangements in which the director has an interest. This rule can be altered by the public limited company's constitution. In addition, the proposed amendment...

Seanad: Companies Bill 2012: Report and Final Stages (30 Sep 2014)

Damien English: This amendment corrects the language of a subsection in order to ensure correct interpretation. The name of any unlimited company, irrespective of the type of unlimited company, shall be governed by section 123(6) and 124(6).

Seanad: Companies Bill 2012: Report and Final Stages (30 Sep 2014)

Damien English: This amendment provides the Minister, in exceptional circumstances, with the power to exempt an unlimited company from having the titled "unlimited company" in its name. The related amendments extend this power to those sections also. The requirement to have "unlimited" in name is a new administrative requirement under the Bill. As there are many companies which are long established as...

Seanad: Companies Bill 2012: Report and Final Stages (30 Sep 2014)

Damien English: This amendment clarifies that section 1236 is subject to section 1246 which provides for the transitional rule for an existing unlimited company with regard to its name.

Seanad: Companies Bill 2012: Report and Final Stages (30 Sep 2014)

Damien English: The purpose of this amendment is to modify the manner in which section 94, which governs transfer of shares and debentures, applies to any unlimited company that has share capital.

Seanad: Companies Bill 2012: Report and Final Stages (30 Sep 2014)

Damien English: These are technical amendments that update the relevant directive references from the 1968 directive to the recast directive on public disclosure of certain companies' information.

Seanad: Companies Bill 2012: Report and Final Stages (30 Sep 2014)

Damien English: The purpose of this amendment is to ensure a society registered under the Industrial and Provident Societies Acts may also avail of this provision. The purpose of this section is to provide for an unregistered company to register as any of the company types, that is, a private limited company, unlimited company and so forth, provided for under this Bill. The amendment maintains the existing...

Seanad: Companies Bill 2012: Report and Final Stages (30 Sep 2014)

Damien English: The purpose of this amendment is to revert to the position in existing law and disapply section 225 for Part 24 companies. It was never intended that investment companies would have to comply with the directors' compliance statement requirement. Investment companies are subject to additional regulation from the financial sector in relation to compliance. Investment companies often use...

Seanad: Companies Bill 2012: Report and Final Stages (30 Sep 2014)

Damien English: The purpose of these amendments is to update the references to the provisions of the alternative investment fund managers directive regulations which have been altered in 2013. AIFMD refers collectively to the alternative investment fund managers directive, Directive 2011/61/EU, and Commission Delegated Regulation (EU) No. 231/2013. Directive 2011/61/EU was transposed into Irish law under...

Seanad: Companies Bill 2012: Report and Final Stages (30 Sep 2014)

Damien English: The purpose of this amendment is to clarify that the Comptroller and Auditor General is entitled to carry out statutory audits of companies not trading for gain. It also clarifies that the Comptroller and Auditor General is entitled to carry out audits of statutory financial statements of any company not trading for gain in which he is appointed, under an enactment, the auditor of that company.

Seanad: Companies Bill 2012: Report and Final Stages (30 Sep 2014)

Damien English: This is an insertion of missing words. The reference out to be to what is legally understood to be a body of accountants, not merely any body.