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Seanad: Companies Bill 2012: Committee Stage (Resumed) (17 Jun 2014)

Richard Bruton: The purpose of these amendments is to provide for the modification of the definition of “International Accounting Standards, IAS, regulation” in the case of designated activity companies, PLCs, CLGs, PUCs and PULCs.

Seanad: Companies Bill 2012: Committee Stage (Resumed) (17 Jun 2014)

Richard Bruton: The purpose of these amendments is to correct an omission in the Bill as initiated. The amendments clarify, in accordance with European law, that a designated activity company or a company limited by guarantee cannot avail of the audit exemption if it falls within any provision of Schedule 5, namely, that it is a company that is an authorised market operator.

Seanad: Companies Bill 2012: Committee Stage (Resumed) (17 Jun 2014)

Richard Bruton: I am considering introducing an amendment on Report Stage to provide for the inclusion of a provision to reflect section 55 of the Companies Amendment Act 1983. This section concerns the requirement to publish certain matters in the CRO gazette. This was an unintended omission from the Bill as published. I am also considering introducing amendments on Report Stage to further refine the...

Seanad: Companies Bill 2012: Committee Stage (Resumed) (17 Jun 2014)

Richard Bruton: The purpose of this amendment is to allow the members to decide unanimously to waive the requirement for 21 days notice of the resolution and report.

Seanad: Companies Bill 2012: Committee Stage (Resumed) (17 Jun 2014)

Richard Bruton: The purpose of this amendment is to provide an express reference that an acquisition by a PLC of its own shares shall not be made, otherwise than in respect of those of them that are fully paid. This is in line with EU law and Directive 2012/30/EU.

Seanad: Companies Bill 2012: Committee Stage (Resumed) (17 Jun 2014)

Richard Bruton: This is to amend a typographical error. It does not have a substantive impact on the Bill.

Seanad: Companies Bill 2012: Committee Stage (Resumed) (17 Jun 2014)

Richard Bruton: This is to correct a typographical error. It does not have any substantive impact on the Bill.

Seanad: Companies Bill 2012: Committee Stage (Resumed) (17 Jun 2014)

Richard Bruton: I am considering bringing forward an amendment on Report Stage to clarify the re-registration arrangements for semi-State companies.

Seanad: Companies Bill 2012: Committee Stage (Resumed) (17 Jun 2014)

Richard Bruton: I am considering introducing an amendment on Report Stage to change the reference which is currently to the 1968 directive to the recast directive on public disclosure of certain companies' information.

Seanad: Companies Bill 2012: Committee Stage (Resumed) (17 Jun 2014)

Richard Bruton: The purpose of the amendment is to correct a typographical error and it has no substantive impact on the Bill.

Seanad: Companies Bill 2012: Committee Stage (Resumed) (17 Jun 2014)

Richard Bruton: The purpose of these amendments is to transpose the necessary elements of Article 3 of EU Directive 2002/17. The directive imposes an obligation on member states to link their company registers electronically with one another.

Seanad: Companies Bill 2012: Committee Stage (Resumed) (17 Jun 2014)

Richard Bruton: The purpose of the amendment is to provide for the requirement of notification of publication of filings in the CRO gazette for an external company which has a branch in the State. This is a requirement under regulation 10 of SI 395/1993.

Seanad: Companies Bill 2012: Committee Stage (Resumed) (17 Jun 2014)

Richard Bruton: I am considering introducing a further amendment to the section on Report Stage to clarify that industrial and provident societies can utilise the section.

Seanad: Companies Bill 2012: Committee Stage (Resumed) (17 Jun 2014)

Richard Bruton: The purpose of this amendment is to amend the definition of "local offer" to reflect the increase in the threshold from "€2,500,000" to "€5,000,000" made by the Prospectus (Directive 2003/71/ EC) (Amendment) Regulations 2012.

Seanad: Companies Bill 2012: Committee Stage (Resumed) (17 Jun 2014)

Richard Bruton: The purpose of this amendment is to provide that a DAC or a CLG that is a traded company may not file abridged financial statements. These companies cannot avail of the exclusion, exemptions and special arrangements with regard to public disclosure of financial information.

Seanad: Companies Bill 2012: Committee Stage (Resumed) (17 Jun 2014)

Richard Bruton: I am considering introducing an amendment on Report Stage to revert to the existing law and disapply section 225 for Part 24 companies.

Seanad: Companies Bill 2012: Committee Stage (Resumed) (17 Jun 2014)

Richard Bruton: I am considering introducing amendments on Report Stage to reflect the provisions of the AIFMD regulations.

Seanad: Companies Bill 2012: Committee Stage (Resumed) (17 Jun 2014)

Richard Bruton: The purpose of this amendment is to correct an anomaly with regard to statutory financial statements for investment companies. The section as it stands in the Bill, by virtue of its interaction with sections 291 and 293, bypasses the requirements of sections 292(3)(a) and (c), allowing investment companies to prepare what are in effect Companies Act entity financial statements using a body...

Seanad: Companies Bill 2012: Committee Stage (Resumed) (17 Jun 2014)

Richard Bruton: The purpose of this amendment is to link the subsection (1) with subsection (2) of this section by providing that where an application is made either by a migrating company to be registered in the State or by a company seeking to migrate out of the State, a director of the company must make a statutory declaration that the entity is solvent at the time of time of making the declaration and...

Seanad: Companies Bill 2012: Committee Stage (Resumed) (17 Jun 2014)

Richard Bruton: I am considering introducing an amendment to this section on Report Stage. The purpose of this amendment is to ensure that the existing law in respect of public auditors is maintained. The proposed amendment relates to the prohibition on connected persons acting as auditor of a society at present covered by section 187(3)(a) to (f) and (4)(a) to (d) of the 1990 Act.

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