Results 9,861-9,880 of 13,254 for speaker:Seán Sherlock
- 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 432 on Report Stage to remove the mandatory requirement for the secretary to sign the statement of affairs.
- Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (5 Nov 2013)
Seán Sherlock: The secretary is not mandated to be qualified, if I understand that correctly, before the law to sign the statement of affairs. If members bear with me, I will get an explanation.
- Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (5 Nov 2013)
Seán Sherlock: There should be no mandatory requirement on a person, being the secretary, in the absence of such knowledge to sign a statement of affairs. The secretary may not have the qualifications to have a mandatory obligation to sign a statement of affairs.
- Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (5 Nov 2013)
Seán Sherlock: I will arrange a briefing on this before Report Stage.
- Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (5 Nov 2013)
Seán Sherlock: The duty to sign the statement of affairs falls to the director and not the secretary.
- Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (5 Nov 2013)
Seán Sherlock: In that case he or she can sign the statement of affairs as a director and not as secretary.
- Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (5 Nov 2013)
Seán Sherlock: I agree. Chairman, we will have a further discussion on this before Report Stage.
- Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (5 Nov 2013)
Seán Sherlock: I move amendment No. 80: In page 412, line 34, 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 am considering introducing an amendment to section 438 on Report Stage. The purpose of the amendment is to provide precision in relation to a receiver's statutory power to borrow money only on the security of the company over which he or she has been appointed.
- 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 451 on Report Stage, the purpose of which is to clarify in subsection (3) that a court may on application and at any time order a scheme of meetings of the creditors or members to be summonsed in such a manner as the court directs.
- Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (5 Nov 2013)
Seán Sherlock: The Irish Auditing and Accounting Supervisory Authority, which is a statutory body, is the umbrella organisation that has charge of or would monitor or audit the auditors in that sense. However, given the question has been raised, I am minded to revert to the Deputy with a more complete answer on the exact question he asked, if that is all right.
- Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (5 Nov 2013)
Seán Sherlock: Okay.
- Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (5 Nov 2013)
Seán Sherlock: Did that body answer that question?
- Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (5 Nov 2013)
Seán Sherlock: Okay. It is proposed to strengthen that aspect and to change it to reflect the concerns.
- Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (5 Nov 2013)
Seán Sherlock: I can take a look at that before Report Stage. Is there particular language that must be built into it?
- Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (5 Nov 2013)
Seán Sherlock: While this matter has been referred to the company law review group, I will give the Deputy some thoughts on it here. The question effectively pertains to the requirement that an audit give a true and fair view sufficiently robust to ensure accurate accounting. That is the aspect.
- Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (5 Nov 2013)
Seán Sherlock: Fair enough. As EU law requires that statutory audits give a true and fair view, this already is inherent within EU law. While I will not go into the particulars of the directive, Article 35 states "an audit opinion, which shall be either unqualified, qualified or an adverse opinion and shall state clearly the opinion of the statutory auditor ... as to whether the annual financial...
- Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (5 Nov 2013)
Seán Sherlock: I move amendment No. 70: In page 376, between lines 40 and 41, to insert the following:“(6) If the original statutory financial statements or directors’ report in respect of the company have been registered by the Registrar prior to the date of receipt by the Registrar of the revised financial statements or (as the case may be) the revised directors’ report, then, despite...
- Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (5 Nov 2013)
Seán Sherlock: I move amendment No. 71: In page 393, line 13, to delete “1 month” and substitute “30 days”.
- Select Committee on Jobs, Enterprise and Innovation: Companies Bill 2012: Committee Stage (5 Nov 2013)
Seán Sherlock: I move amendment No. 72: In page 394, line 3, to delete “1 month” and substitute “30 days”.