Written answers

Tuesday, 31 May 2005

Department of Enterprise, Trade and Employment

Proposed Legislation

9:00 pm

Photo of Fergus O'DowdFergus O'Dowd (Louth, Fine Gael)
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Question 62: To ask the Minister for Enterprise, Trade and Employment when he intends to legislate for the regulation of apartment complex management companies; and if he will make a statement on the matter. [16413/05]

Photo of Michael AhernMichael Ahern (Cork East, Fianna Fail)
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As regards corporate form, apartment complex management companies are generally constituted as companies limited by guarantee under the Companies Acts and are required to comply with the relevant provisions of company law.

The operation of such companies under their relevant memorandum and articles of association, including the employment of any property manager or management entity, is a matter for their members, who are the owners of the properties in question.

The company law review group is currently reviewing the legal provisions relating to companies limited by guarantee with a view to simplifying the law in this as in other areas of company law. I understand that among its recommendations it is likely to propose that: there should be no limitation on the maximum number of members a guarantee company may have; and an audit exemption provision should be introduced for guarantee companies. I anticipate bringing the comprehensive set of proposals emerging from the review group to Government for approval to draft a Bill later this year.

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