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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.

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

Richard Bruton: The purpose of this new section is to facilitate the exemption of a specific category of captive insurers and re-insurers (of insurance-reinsurance companies) from the obligation under Article 41 of Directive 2006/43/EC to have an audit committee. Captive insurance is considered to be inherently an exercise in self-insurance by a corporation and as such the inherent risk profile of most...

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

Richard Bruton: The purpose of this amendment is to align the Bill with existing law as section 224(6) of the Companies Act 1990 allows a subsidiary of an insurance company to hold shares in its holding company when done pursuant to section 9(1) of the Insurance Act 1990. As the Bill stands this provision is omitted and this was not intended.

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

Richard Bruton: The purpose of this amendment is to reflect existing law and to provide that in respect of a designated activity company, a public limited company or a company limited by guarantee carrying on life assurance business, industrial assurance business or both, any amount properly transferred to the profit and loss account of the company from a surplus in the fund or funds maintained by it in...

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

Richard Bruton: The purpose of this amendment is to facilitate the bringing of notice in the Companies Registration Office Gazette in circumstances where a company - to which the Multi Unit Developments Act applies - is struck off the register under section 311 of the 1963 Act or section 12 of the 1982 Act to have the company restored to the register.

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

Richard Bruton: The purpose of these amendments is to insert a missing word in the text. The text ought to indicate that the “Minister may by regulations do anything...". The second amendment in this grouping is grammatical in nature and does not have a 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: 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: The purpose of this amendment is to include a clear definition for a sole director of a company or for a company with a sole director. The aim is to ensure that if, for example, an unforeseen eventuality results in a company having just one director, that company will be entitled to be considered a sole director company.

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

Richard Bruton: I am considering an amendment to this section on Report Stage to clarify that a single member of a DAC may dispense with the holding of an AGM in accordance with existing law. This will correct an unintended omission from the existing law.

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