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Written Answers — Auditors' Liability Regimes: Auditors' Liability Regimes (31 Jan 2007)

Michael Ahern: In the context of the 8th Directive on Auditing, the EU Commission arranged for a study on the economic impact of current EU rules on auditors' liability regimes and on insurance conditions in Member States. This study entitled "Study on the Economic Impact of Auditors' Liability Regimes" was published late last year, and describes the existing limitations in the insurance market for...

Written Answers — International Trade Relations: International Trade Relations (31 Jan 2007)

Michael Ahern: Ireland's merchandise exports to Taiwan for 2005 were €333million and imports were €921million. Full year figures for 2006 are not yet available, but for the 10 months January — October, merchandise exports were €252million and imports were €822m. Statistics for services trade are not as well developed, but in 2004, the latest year for which data has been published, our services...

Written Answers — World Trade Negotiations: World Trade Negotiations (31 Jan 2007)

Michael Ahern: Since 2001, the EU provides duty and quota free access for all products from least developed countries. At the WTO Ministerial meeting in Hong Kong in December, 2005, it was agreed that all products exported by least developed countries into developed countries would receive this treatment. As provided for in the Cotonou Agreement of 2000, Economic Partnership Agreements (EPAs) are trade...

Seanad: Investment Funds, Companies and Miscellaneous Provisions Bill 2006: Report and Final Stages (15 Dec 2006)

Michael Ahern: I thank Senators Coghlan, Tuffy, White and Moylan for their contributions on all Stages. It made for worthwhile discussion and many of their points were taken on board. I thank my officials for their tremendous work on the legislation, sometimes under severe pressure. I thank the staff of the Seanad and wish Members and staff a happy and peaceful Christmas.

Seanad: Investment Funds, Companies and Miscellaneous Provisions Bill 2006: Report and Final Stages (15 Dec 2006)

Michael Ahern: The first group of amendments involves amendments Nos. 1 and 46. I am delighted to be returning to this House with the Investment Funds, Companies and Miscellaneous Provisions Bill, as amended in the Dáil. The amendments made have immeasurably improved the Bill and include, as I will explain when we come to discuss one of the later groups of amendments, some amendments tabled by me which...

Seanad: Investment Funds, Companies and Miscellaneous Provisions Bill 2006: Report and Final Stages (15 Dec 2006)

Michael Ahern: The primary national law relating to takeovers in this jurisdiction is the Irish Takeover Panel Act of 1997. This provided for the establishment, on a statutory basis, of the Irish takeover panel, which oversees extensive rules governing the many aspects of takeovers. The panel covers full takeovers as well as case of the acquisition of a substantial interest in a target company. Earlier...

Investment Funds, Companies and Miscellaneous Provisions Bill 2006 [Seanad]: Report and Final Stages (14 Dec 2006)

Michael Ahern: I thank Deputies Hogan and Quinn for their co-operation in what Deputy Quinn referred to as technical legislation that is important to continued growth in the financial services sector. The proposal to go through this in detail at a meeting is welcome and we will arrange that with the chairman on the committee in the new year. We will bring in those who know what they are talking about to...

Standing Orders: Motion (14 Dec 2006)

Michael Ahern: I move: That, pursuant to Standing Order 170, Standing Order 125 is hereby modified for the purpose of providing that the debate, on the Instruction to Committee motion regarding the Investment Funds, Companies and Miscellaneous Provisions Bill 2006, shall be 15 minutes instead of 'not less than 60 minutes as the House may order'.

Investment Funds, Companies and Miscellaneous Provisions Bill 2006 [Seanad]: Instruction to Committee (14 Dec 2006)

Michael Ahern: I move: That, pursuant to Standing Order 125, it be an instruction to the committee to which the Investment Funds, Companies and Miscellaneous Provisions Bill 2006 may be recommitted in respect of certain amendments, that it has power to make provision in the Bill to amend the Netting of Financial Contracts Act 1995 to provide for an expanded definition of 'party' for the purposes of the 1995...

Investment Funds, Companies and Miscellaneous Provisions Bill 2006 [Seanad]: Instruction to Committee (14 Dec 2006)

Michael Ahern: Those are the kernels of the amendment, that the Netting Act 1995 will apply to the CCFs. In short, what all of this means is that investment vehicles constituted as UCITS or non-UCITS CCFs will be able to benefit from the Netting Act 1995.

Investment Funds, Companies and Miscellaneous Provisions Bill 2006 [Seanad]: Instruction to Committee (14 Dec 2006)

Michael Ahern: I thank Deputies Quinn and Deputy Hogan. I will raise with the Chairman of the Joint Committee on Enterprise and Small Business, Deputy Cassidy, the matter of arranging a meeting on the issue in due course.

Investment Funds, Companies and Miscellaneous Provisions Bill 2006 [Seanad]: Order for Report Stage (14 Dec 2006)

Michael Ahern: I move: "That Report Stage be taken now."

Investment Funds, Companies and Miscellaneous Provisions Bill 2006 [Seanad]: Report and Final Stages (14 Dec 2006)

Michael Ahern: Yes.

Investment Funds, Companies and Miscellaneous Provisions Bill 2006 [Seanad]: Report and Final Stages (14 Dec 2006)

Michael Ahern: I move amendment No. 1: In page 3, lines 9 and 10, to delete "AND THE CONSUMER INFORMATION ACT 1978" and substitute the following: ", THE CONSUMER INFORMATION ACT 1978 AND THE NETTING OF FINANCIAL CONTRACTS ACT 1995". I spoke about amendment No. 1 earlier and I do not consider it necessary to do so again.

Investment Funds, Companies and Miscellaneous Provisions Bill 2006 [Seanad]: Report and Final Stages (14 Dec 2006)

Michael Ahern: I move amendment No. 2: In page 3, line 22, to delete "This Act" and substitute the following: "(1) Subject to subsections (2) and (3), this Act". I will discuss amendment No. 5 first. In a number of provisions in the Companies Acts, documents that require to be filed in the Companies Registration Office, CRO, must contain a statutory declaration. Examples include section 60 of the 1963 Act...

Investment Funds, Companies and Miscellaneous Provisions Bill 2006 [Seanad]: Report and Final Stages (14 Dec 2006)

Michael Ahern: I move amendment No. 3: In page 3, between lines 25 and 26, to insert the following: "(2) Section 1, this section and sections 3 to 6 and 6, 7,9, 10, 11 and 27 shall come into operation on the passing of this Act. (3) Sections 7 and 8 shall be deemed to have come into operation on 1 July 2005.

Investment Funds, Companies and Miscellaneous Provisions Bill 2006 [Seanad]: Report and Final Stages (14 Dec 2006)

Michael Ahern: I move amendment No. 4: In page 3, between lines 27 and 28, to insert the following: ""Act of 1997" means the Irish Takeover Panel Act 1997;". These are simply technical drafting changes. In section 2, it is proposed to define the Irish Takeover Panel Act 1997 as the Act of 1997, in the same way as the 1990 and 2005 Acts are defined. This then enables a more convenient usage in the other...

Investment Funds, Companies and Miscellaneous Provisions Bill 2006 [Seanad]: Report and Final Stages (14 Dec 2006)

Michael Ahern: I move amendment No. 5: In page 4, between lines 15 and 16, to insert the following: "6.—(1) A statutory declaration made in a place outside the State (in pursuance of or for the purposes of the Companies Acts) shall be regarded as having been validly made (in pursuance of those Acts or for the purposes of them) if it is made in such a place before— (a) a person entitled under the...

Investment Funds, Companies and Miscellaneous Provisions Bill 2006 [Seanad]: Report and Final Stages (14 Dec 2006)

Michael Ahern: I move amendment No. 6: In page 4, between lines 15 and 16, to insert the following: "7.—The following section is substituted for section 33 of the Companies Act 1963: 33.—(1) For the purposes of this Act, 'private company' means a company which has a share capital and which, by its articles (a) restricts the right to transfer its shares, and (b) limits the number of its members to 99 or...

Investment Funds, Companies and Miscellaneous Provisions Bill 2006 [Seanad]: Report and Final Stages (14 Dec 2006)

Michael Ahern: I move amendment No. 7: In page 4, between lines 15 and 16, to insert the following: "8.—The following section is substituted for section 21 of the Companies (Amendment) Act 1983: 21.—(1) A private company and any officer of the company who is in default shall be guilty of an offence if the company— (a) offers to the public (whether for cash or otherwise) any shares in or debentures of...

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