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Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (5 Nov 2013)

Seán Sherlock: Definitions of what?

Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (5 Nov 2013)

Seán Sherlock: I want to be sure it is clear in Deputy Lawlor's mind that there is a proposal to meet the Minister.

Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (5 Nov 2013)

Seán Sherlock: This is a new section. It is proposed that, subject to a small number of exceptions, such as fraudulent trading and market abuse, the majority of offences under the Companies Acts should be classified according to a four-tier system. As I outlined earlier, category 4 offences will be prosecutable only on a summary basis and on conviction will give rise to no more than a class A fine,...

Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (5 Nov 2013)

Seán Sherlock: "No" is the answer.

Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (5 Nov 2013)

Seán Sherlock: I do not know if I am answering the question correctly, but we cannot go beyond the level that is set for District Court fines.

Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (5 Nov 2013)

Seán Sherlock: There were quite a lot of numbers in that section. Category 4 offences will be prosecutable only on a summary basis and on conviction will give rise to no more than a class A fine.

Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (5 Nov 2013)

Seán Sherlock: Exactly, but we are not in a position to determine what a class A fine is as per this legislation. It is already set out under the terms of the Fines Act 2010.

Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (5 Nov 2013)

Seán Sherlock: I have not seen an amendment to that effect.

Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (5 Nov 2013)

Seán Sherlock: It will reflect that.

Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (5 Nov 2013)

Seán Sherlock: Exactly.

Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (5 Nov 2013)

Seán Sherlock: I am clear in my own mind and the Deputies have articulated their view.

Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (5 Nov 2013)

Seán Sherlock: For purposes of clarification, it is important to state that there are fines up to what is the equivalent of £5,000. We are prescribing a maximum but it involves fines up to that amount.

Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (5 Nov 2013)

Seán Sherlock: Therefore there is a discretion on the part of the court.

Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (5 Nov 2013)

Seán Sherlock: I move amendment No. 107: In page 705, between lines 40 and 41, to insert the following:“Civil enforcement of prohibition on trading under misleading name 876. (1) On the application of the Registrar or the Director, the court may order that a person shall cease, within the time specified in the order, to carry on any trade, profession or business in contravention of section 27(1) if...

Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (5 Nov 2013)

Seán Sherlock: I wish to clarify this in my own mind because we are all getting a bit confused after 107 amendments.

Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (5 Nov 2013)

Seán Sherlock: We vote, in effect, to discard the pre-existing section 876.

Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (5 Nov 2013)

Seán Sherlock: The amendment is carried by virtue of that.

Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (5 Nov 2013)

Seán Sherlock: I am considering introducing an amendment to section 878(1)(b) on Report Stage. The purpose of this amendment will be to correct a missing reference in subsection (1)(b) that ought to read "book or document".

Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (5 Nov 2013)

Seán Sherlock: I move amendment No. 108: In page 708, line 2, before “the purposes” to insert “for”.This is a simple amendment to correct the omission of the word "for".

Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (5 Nov 2013)

Seán Sherlock: Are we that far in the amendments?

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