Results 9,281-9,300 of 13,254 for speaker:Seán Sherlock

Companies Bill 2012: Report Stage (Resumed) (2 Apr 2014)

Seán Sherlock: How would one set out in a schedule what constitutes a transgression? There is a multitude, if not an infinite amount, of potential transgressions. Perhaps the Deputy could articulate exactly how he would propose to do that in advance of the debate in the Seanad. Without being facetious, perhaps he would also outline why the transgressions were not articulated in his amendment.

Companies Bill 2012: Report Stage (Resumed) (2 Apr 2014)

Seán Sherlock: Excuse me, but the Deputy makes the point for us in his last submission. Transgressions, where they occur, are already sanctioned. For instance, health and safety related transgressions are defined and sanctioned within health and safety law. The same applies to employment law. Having said that, I respect the point the Deputy is making and accept that he wishes to press the amendment.

Companies Bill 2012: Report Stage (Resumed) (2 Apr 2014)

Seán Sherlock: I move amendment No. 170:In page 498, line 38, to delete “, and by the person who is at that date the secretary,”.

Companies Bill 2012: Report Stage (Resumed) (2 Apr 2014)

Seán Sherlock: I move amendment No. 171:In page 503, line 37, to delete “licensed bank” and substitute “credit institution”.

Companies Bill 2012: Report Stage (Resumed) (2 Apr 2014)

Seán Sherlock: I move amendment No. 172:In page 505, line 6, to delete “licensed bank” and substitute “credit institution”.

Companies Bill 2012: Report Stage (Resumed) (2 Apr 2014)

Seán Sherlock: I move amendment No. 173:In page 506, line 35, to delete “section 667(3)” and substitute “section 678(3)”.The purpose of this amendment is correct an incorrect reference in section 603(2)(b).

Companies Bill 2012: Report Stage (Resumed) (2 Apr 2014)

Seán Sherlock: I move amendment No. 174:In page 522, to delete lines 9 to 18 and substitute the following:“(ii) each tax assessable on, in relation to, or by the company under the Taxes Consolidation Act 1997 in respect of, or apportioned on a time basis to, a period ending on or before the relevant date, for which the tax concerned is due and payable, but the particular period (in respect of which...

Companies Bill 2012: Report Stage (Resumed) (2 Apr 2014)

Seán Sherlock: I move amendment No. 153:In page 391, lines 34 and 35, to delete "and by the person who is at that date the secretary".The purpose of these amendments is to remove the mandatory requirement for the secretary to sign the statement of affairs in cases where the directors are obliged to give such a statement to the receiver or liquidator.

Companies Bill 2012: Report Stage (Resumed) (2 Apr 2014)

Seán Sherlock: I move amendment No. 154:In page 405, line 16, after "application" to insert ", at any time,".The purpose of the amendment is to clarify that a court may on application and at any time order a scheme of meetings of the creditors or members to be summoned in such a manner as the court directs. The court is given discretion to order scheme meetings to be summoned in such a manner as it...

Companies Bill 2012: Report Stage (Resumed) (2 Apr 2014)

Seán Sherlock: I move amendment No. 155:In page 408, lines 14 and 15, to delete "and of the assets or liabilities" and substitute ", assets or liabilities".The purpose of these minor typographical amendments is to bring the section in line with existing law regarding the undertaking assets and liabilities of a company in the reconstruction and amalgamation of a company.

Companies Bill 2012: Report Stage (Resumed) (2 Apr 2014)

Seán Sherlock: I move amendment No. 156:In page 408, lines 21 and 22, to delete "and of the assets or liabilities" and substitute ", assets or liabilities".The purpose of amendment No. 156 is to remove the specific cross reference to chapter 15 of Part 11. The provisions of chapter 15 of Part 11 do not apply to acquisitions.

Companies Bill 2012: Report Stage (Resumed) (2 Apr 2014)

Seán Sherlock: I move amendment No. 157:In page 409, to delete line 36.Forgive me - I am racing ahead of myself again. For clarification, the explanation I previously gave was the explanation for amendment No. 157.

Companies Bill 2012: Report Stage (Resumed) (2 Apr 2014)

Seán Sherlock: I move amendment No. 158:In page 412, line 12, to delete "her." and substitute the following:"her; or(iv) if the conditions specified in subsection (2) are satisfied, by electronic means.(2) The conditions referred to in subsection (1)(b)(iv) are—(a) the shareholder has consented in writing to the offeror's using electronic means to give notices in relation to him or her, (b) at the...

Companies Bill 2012: Report Stage (Resumed) (2 Apr 2014)

Seán Sherlock: I move amendment No. 159: In page 413, line 14, to delete "section 458(7)" and substitute "section 458(7)(a)".

Companies Bill 2012: Report Stage (Resumed) (2 Apr 2014)

Seán Sherlock: I move amendment No. 160:In page 413, line 20, after "shall" to insert the following:", within 30 days after the date on which the offeror becomes so bound or, if an application to the court by a dissenting shareholder is then pending, as soon as may be after that application is disposed of".This amendment specifies a time period within which subsection 5 must be complied with. The section...

Companies Bill 2012: Report Stage (Resumed) (2 Apr 2014)

Seán Sherlock: The section is based on existing law. Therefore, in the interests of certainty and maintaining existing law, the amendment reinstates the original time limit of 30 days.

Companies Bill 2012: Report Stage (Resumed) (2 Apr 2014)

Seán Sherlock: I move amendment No. 161:In page 424, between lines 30 and 31, to insert the following:"(a) section 480 (preservation of rights of holders of securities),".The purpose of this amendment is to include a reference to the application of section 480 where the summary approval procedure is employed. As the Bill currently stands, the application of section of section 480 is excluded. This is not...

Companies Bill 2012: Report Stage (Resumed) (2 Apr 2014)

Seán Sherlock: I move amendment No. 162:In page 450, to delete lines 25 and 26 and substitute the following:"(b) in the case of a company that, in respect of the latest financial year of the company that has ended prior to the date of the presentation of the petition, fell to be treated as a small company by virtue of section 351, the Circuit Court,".The purpose of these amendments is to consolidate section...

Companies Bill 2012: Report Stage (Resumed) (2 Apr 2014)

Seán Sherlock: I move amendment No. 163:In page 450, line 28, before "all" to insert "subject to subsection (9),".

Companies Bill 2012: Report Stage (Resumed) (2 Apr 2014)

Seán Sherlock: I move amendment No. 164:In page 450, between lines 35 and 36, to insert the following:"(8) For the purpose of paragraph (b) of subsection (7), if the latest financial year of the company concerned ended within 3 months prior to the date of the presentation of the petition, the reference in that paragraph to the latest financial year of the company shall be read as a reference to the...