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Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (Resumed) (6 Nov 2013)

Seán Sherlock: I move amendment No. 129: In page 918, line 36, before “deeming” to insert “subject to certain exceptions,”.

Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (Resumed) (6 Nov 2013)

Seán Sherlock: I move amendment No. 130: In page 919, line 37, after "subsection (5)" to insert "and subject, where appropriate, to section 1175(9) to (12)".

Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (Resumed) (6 Nov 2013)

Seán Sherlock: I am considering tabling an amendment to the section on Report Stage to provide more accurate cross referencing and cross reference sections 1084 to 1086, inclusive.

Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (Resumed) (6 Nov 2013)

Seán Sherlock: I am considering tabling an amendment to the section on Report Stage to allow the procedure for admission to membership to be determined by the constitution and expand the instances in which membership is automatically terminated.

Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (Resumed) (6 Nov 2013)

Seán Sherlock: I am considering tabling an amendment to the section on Report Stage to the effect that personal representatives of deceased members do not have a right to receive notice of meetings.

Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (Resumed) (6 Nov 2013)

Seán Sherlock: Part 14 deals with stipulations relating to reckless behaviour by directors of a company and penalties are included in the Bill. There are review clauses inherent in the legislation so that the company law review group can be involved. It is a statutory body and has a mandate to monitor, review and advise the Minister about existing company law and to make recommendations about its...

Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (Resumed) (6 Nov 2013)

Seán Sherlock: I move amendment No. 123: In page 819, line 37, to delete “subsection (2)” and substitute “subsections (2) to (2)”.

Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (Resumed) (6 Nov 2013)

Seán Sherlock: I propose to amend section 1042 to provide that the summary approval procedure can only be used to permit financial assistance by a plc, where that procedure was authorised or where the resolution passed under section 60 of the 1963 Act was passed by the plc before - and that is the key word - it re-registered as a plc.

Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (Resumed) (6 Nov 2013)

Seán Sherlock: I move amendment No. 124: In page 820, between lines 7 and 8, to insert the following: “(2) Subject to subsection (3), section 83(6)(a) shall not apply to a PLC. (3) In either of the following 2 cases, namely—(a) a case in which the giving of particular financial assistance by a company (not being a PLC) has been authorised by the company’s use of the Summary Approval...

Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (Resumed) (6 Nov 2013)

Seán Sherlock: I am considering introducing an amendment to section 1044 on Report Stage to provide for more accurate cross-referencing.

Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (Resumed) (6 Nov 2013)

Seán Sherlock: All of the sections from 1045 to 1067, inclusive, are largely unchanged from existing law.

Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (Resumed) (6 Nov 2013)

Seán Sherlock: I am considering introducing an amendment to section 1077 on Report Stage to ensure the resolution in relation to treasury shares has immediate effect.

Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (Resumed) (6 Nov 2013)

Seán Sherlock: I am considering introducing an amendment to section 1080 on Report Stage to clarify to whom the notification requirement applies.

Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (Resumed) (6 Nov 2013)

Seán Sherlock: I am considering introducing an amendment to section 1082 on Report Stage to refer to section 122 and-or the requirements therein.

Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (Resumed) (6 Nov 2013)

Seán Sherlock: I move amendment No. 125: In page 850, between lines 24 and 25, to insert the following: “PLC may not dispense with holding of a.g.m. 1088. Section 176(3) and (4) (which relate to dispensing with the holding of an annual general meeting) shall not apply to a PLC.”.I intend to introduce this new section to mirror the approach taken in Pillar 1, Volume 1 of the Bill. The purpose...

Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (Resumed) (6 Nov 2013)

Seán Sherlock: I move amendment No. 126: In page 851, between lines 36 and 37, to insert the following: “Application of section 194 in relation to PLC 1091. Section 194 shall apply to a PLC as if, in subsection (1), after “Notwithstanding any provision to the contrary in this Part or in Parts 1 to 3 or 5 to 14”, there were inserted “and unless the Constitution provides...

Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (Resumed) (6 Nov 2013)

Seán Sherlock: Sections 1092 to 1104, inclusive, are unchanged from existing law.

Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (Resumed) (6 Nov 2013)

Seán Sherlock: I am considering introducing an amendment to section 1105 on Report Stage to provide detail on voting rules relating to proxies.

Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (Resumed) (6 Nov 2013)

Seán Sherlock: Most sections from 1106 to 1112 are largely unchanged, with one exception. Section 1110 exempts plcs that are credit institutions or insurance undertakings from the requirements in Part 6 relating to financial statements unless there is a statutory requirement to do so.

Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (Resumed) (6 Nov 2013)

Seán Sherlock: I move amendment No. 119: In page 787, to delete lines 8 and 9.I propose to further amend section 1002. It has been deemed preferable to deal with financial assistance in public limited companies, PLCs, in other provisions. As for amendment No. 120, I propose to further amend section 1002. This amendment applies to the summary approval procedure to instances other than a members' voluntary...

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