Written answers
Tuesday, 6 December 2005
Department of Enterprise, Trade and Employment
Proposed Legislation
9:00 pm
Fergus O'Dowd (Louth, Fine Gael)
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Question 134: To ask the Minister for Enterprise, Trade and Employment when legislation will be introduced to regulate management companies; and if he will make a statement on the matter. [36596/05]
Eamon Ryan (Dublin South, Green Party)
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Question 277: To ask the Minister for Enterprise, Trade and Employment his plans to regulate the operation of housing management companies. [38082/05]
Ciarán Cuffe (Dún Laoghaire, Green Party)
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Question 288: To ask the Minister for Enterprise, Trade and Employment his plans to regulate the operation of housing management companies. [36674/05]
Michael Ahern (Cork East, Fianna Fail)
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I propose to take Questions Nos. 134, 277 and 288 together.
My sole departmental responsibility with regard to property management companies arises with regard to issues of company law. Property 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 impact on property management companies of provisions other than company law, for example, contract law or interface with the relevant local authority, is not within my policy remit. The operation of companies under their relevant memorandum and articles of association is a matter for determination by the company members, who are the owners of the properties in question. If a member or creditor of such a company believes that a company law offence has been committed he or she should complain to the Director of Corporate Enforcement.
Drafting of the general scheme of a Bill to bring about a major simplification of company law, including simplification of the law applying to guarantee companies, is well in train at this stage and I hope to bring proposals to Government to draft the Bill proper early in 2006.
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