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

Seán Sherlock: I am considering introducing an amendment to sections 469 and 493 on Report Stage. The purpose of this amendment would be to revert to the use of independent person. This would be to ensure the section was consistent with the provisions of Article 10 of Directive 2011/35/EU and Article 8 of Directive 82/89/EEC.

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

Seán Sherlock: I move amendment No. 82: In page 441, line 14, to delete "subsection (5) " and substitute "subsections (4)(a) and (5) ".

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

Seán Sherlock: I move amendment No. 83: In page 442, to delete lines 1 to 9 and substitute the following:"(4) With regard to subsections (1) and (2) -(a) compliance with those subsections is not required in a case where the Summary Approval Procedure is employed to effect the merger; and (b) subject to that, those subsections shall be complied with by each of the merging companies at least 30 days before...

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

Seán Sherlock: I move amendment No. 84: In page 442, line 20, to delete "2 daily newspapers" and substitute "1 daily newspaper".

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

Seán Sherlock: I move amendment No. 85: In page 442, line 38, after "absorption" to insert "or in any other case where such a report is not required to be prepared by that section".

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

Seán Sherlock: I move amendment No. 86: In page 443, lines 30 to 33, to delete all words from and including "before" in line 30 down to and including "date." in line 33 and substitute the following:"before-(a) where the Summary Approval Procedure is employed to effect the merger, the date of the resolution referred to in section 203(1)(a)(ii) of the company; and (b) where that procedure is not employed for...

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 472 on Report Stage to relieve companies from the requirement to make certain documents available for physical inspection where the documents are made available free of charge on their websites.

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 473 on Report Stage to introduce a reference to the application of section 480 where the summary approval procedure is employed.

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

Seán Sherlock: I move amendment No. 87: In page 444, line 32, after "471(2)(b)" to insert "or, as the case may be, the notice in the daily newspapers referred to in section 471(5)(b)".

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

Seán Sherlock: I am considering introducing an amendment to Part 9 on Report Stage to remove references to the company not having been formed for the purpose of the operation in the context of mergers by acquisition.

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

Seán Sherlock: I move amendment No. 88: In page 488, line 7, to delete "the CRO Gazette" and substitute "Iris Oifigiúil ".

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

Seán Sherlock: I move amendment No. 89: In page 488, lines 13, to delete "the CRO Gazette" and substitute "Iris Oifigiúil ".

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

Seán Sherlock: We are proposing further amendments on Report Stage to section 414 to allow the Minister to prescribe forms from time to time and to delete subsection (6) with a view to clarifying that the priority of judgment mortgage is governed by the Land and Conveyancing Law Reform Act 2009.

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

Seán Sherlock: I move amendment No. 75: In page 401, line 29, to delete “In subsection (3)” and substitute the following:“Without prejudice to the generality of the definition, in section 409, of that expression, in subsection (3)”.

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

Seán Sherlock: I move amendment No. 76 In page 401, line 36, to delete “or undertaking”.

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

Seán Sherlock: I move amendment No. 77: In page 401, line 38, to delete “or undertaking”.

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

Seán Sherlock: I move amendment No. 78 In page 402, line 1, to delete “or undertaking”.

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

Seán Sherlock: I move amendment No. 79: In page 402, line 3, to delete “or undertaking”.

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

Seán Sherlock: We are considering introducing an amendment to section 417, as amended, on Report Stage to allow notice of satisfaction of a charge to be served upon the person registered as entitled to the charge where the Companies Registration Office has been statutorily notified there has been a change of lender.

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

Seán Sherlock: We are considering introducing an amendment to section 421 on Report Stage to clarify the wording as regards charges created and-or registered before the commencement of the relevant provisions of the Bill.

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