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Companies Bill 2012: Report and Final Stages (25 Mar 2014)

Seán Sherlock: I move amendment No. 71:In page 195, between lines 36 and 37, to insert the following:“(4) Subsection (4) shall apply unless the company’s constitution provides otherwise.”.The purpose of this amendment is to determine the period which must elapse before a meeting must be adjourned for lack of a quorum. The time for the initial meeting has been shortened from 30 minutes...

Companies Bill 2012: Report and Final Stages (25 Mar 2014)

Seán Sherlock: I move amendment No. 72:In page 213, line 21, after “liabilities” to insert the following:“(being the debts and liabilities identified for the purposes of paragraph (d) and so far as not already paid or discharged)”.

Companies Bill 2012: Report and Final Stages (25 Mar 2014)

Seán Sherlock: I move amendment No. 73:In page 219, between lines 12 and 13, to insert the following:“(5) Subsection (5) does not apply—(a) if the services to the other computer there mentioned are provided by means of the technology commonly known as cloud computing or by any other distance hosting solution; or (b) to the extent that regulations under subsection (6) provide that it shall not...

Companies Bill 2012: Report and Final Stages (25 Mar 2014)

Seán Sherlock: I move amendment No. 74:In page 222, to delete lines 36 to 40, and in page 223, to delete lines 1 to 13 and substitute the following:“219. (1) Subsections (3) and (4) shall apply to any case in which a provision of this Act requires or authorises a notice to be served on or given to a member of a company by the company, or an officer of it, but save to the extent that the constitution...

Companies Bill 2012: Report and Final Stages (25 Mar 2014)

Seán Sherlock: This section contains the form of directors' compliance statement as recommended by the company law review group. Having analysed the provisions contained in the 2003 Act, the group determined that such extra duties, as set out in the Act, would do little to increase compliance. In fact, it would actually result in an increase in red tape at significant cost to businesses. The set-up cost...

Companies Bill 2012: Report and Final Stages (25 Mar 2014)

Seán Sherlock: The Deputy is taking a novel approach, which I admire, but I am not in favour of adopting these amendments. The Deputy's proposals impose unduly oppressive conditions on legitimate businesses. The suggestion that a majority of directors should be EEA-resident may particularly dissuade foreign direct investment companies from doing business in this country, which would be bad for Ireland and...

Companies Bill 2012: Report and Final Stages (25 Mar 2014)

Seán Sherlock: The Deputy has not said anything with which I would disagree, in principle. There is no question about the importance of the protection of employees. However, the corpus of law that would deal with that issue effectively is employment rather than company law. We have a very enhanced labour relations structure in this country. We also have an insolvency fund which is run by the Department...

Companies Bill 2012: Report and Final Stages (25 Mar 2014)

Seán Sherlock: I move amendment No. 8:In page 88, line 35, after "Where" to insert "the board of directors of".The purpose of these amendments is for clarification. The Bill, as it stands, has been interpreted as meaning the board of directors must be registered with the Companies Registration Office. That is not the intention of this section, which is drawn from existing law, Regulation 6(3) of the...

Companies Bill 2012: Report and Final Stages (25 Mar 2014)

Seán Sherlock: I move amendment No. 9:In page 89, line 1, to delete "it" and substitute "the company".

Companies Bill 2012: Report and Final Stages (25 Mar 2014)

Seán Sherlock: I move amendment No. 10:In page 89, line 6, after "by" to insert "the board of the directors of".

Companies Bill 2012: Report and Final Stages (25 Mar 2014)

Seán Sherlock: I move amendment No. 11:In page 89, line 8, after "Where" to insert "the board of directors of".

Companies Bill 2012: Report and Final Stages (25 Mar 2014)

Seán Sherlock: I move amendment No. 12:In page 89, line 24, after "by" to insert "the board of the directors of".

Companies Bill 2012: Report and Final Stages (25 Mar 2014)

Seán Sherlock: I move amendment No. 13:In page 92, lines 13 and 14, to delete "if a company has appointed a registered person" and substitute "if there be a registered person in relation to a company,".

Companies Bill 2012: Report and Final Stages (25 Mar 2014)

Seán Sherlock: I move amendment No. 14:In page 92, lines 16 to 18, to delete all words from and including "countersigned" in line 16 down to and including "purpose." in line 18 and substitute the following:"countersigned⁠—(a) by the secretary or a director of the company; or (b) by some other person appointed for the purpose by its directors or a committee of its directors authorised by its...

Companies Bill 2012: Report and Final Stages (25 Mar 2014)

Seán Sherlock: I move amendment No. 15:In page 93, to delete lines 1 to 15.I have been asked by the Bills Office to inform the House that there is a problem with a footnote to an amendment in this grouping. Amendment No. 244 ought to be accompanied by a footnote to state that section 1019, to which it refers, is being inserted by amendment No. 206. The purpose of these amendments is to correct an...

Companies Bill 2012: Report and Final Stages (25 Mar 2014)

Seán Sherlock: I move amendment No. 16:In page 98, line 11, after "subsection (3)" to insert ", and without prejudice to subsection (7)".

Companies Bill 2012: Report and Final Stages (25 Mar 2014)

Seán Sherlock: I move amendment No. 17:In page 98, line 27, after "that Act and" to insert ", without prejudice to subsection (8),".

Companies Bill 2012: Report and Final Stages (25 Mar 2014)

Seán Sherlock: I move amendment No. 18:In page 106, line 4, after "shares" to insert the following: "but, for the purposes of this definition, a company shall not be regarded as a subsidiary if it is such only by virtue of section 7(2)(a)(ii) or (e)".

Companies Bill 2012: Report and Final Stages (25 Mar 2014)

Seán Sherlock: I move amendment No. 19:In page 107, line 6, after "this Act" to insert ", other than in section 70(11)(c),".

Companies Bill 2012: Report and Final Stages (25 Mar 2014)

Seán Sherlock: I move amendment No. 20:In page 111, between lines 8 and 9, to insert the following:"(5) Any director of a company who knowingly contravenes, or knowingly permits or authorises a contravention of, a preceding provision of this section shall be guilty of a category 3 offence.".

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