Written answers

Tuesday, 15 November 2011

Department of Enterprise, Trade and Innovation

Company Law

9:00 pm

Photo of Niall CollinsNiall Collins (Limerick, Fianna Fail)
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Question 243: To ask the Minister for Jobs, Enterprise and Innovation the financial reporting requirements of a private limited company which is registered as a charity in the State in terms of the detail which must be furnished to shareholders at the annual general meeting. [34517/11]

Photo of Niall CollinsNiall Collins (Limerick, Fianna Fail)
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Question 252: To ask the Minister for Jobs, Enterprise and Innovation if he can advise on the queries raised in correspondence (details supplied) regarding the management of accounts; and if he will make a statement on the matter. [34721/11]

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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I propose to take Questions Nos. 243 and 252 together.

Sectoral legislation in relation to charities is the responsibility of my colleague the Minister for Environment, Community & Local Government.

Section 148 of the Companies Act 1963 (as amended) requires that the directors of every company shall on a date not later than 18 months after the incorporation of the company and, subsequently once at least in every calendar year prepare accounts for the company for each financial year, referred to in the Companies Acts as "individual accounts".

Accounts are required by the Companies Acts to show a true and fair view and must be laid before the annual general meeting of the company and must be sent, together with the directors' report and auditors' report (unless the company is exempt from audit), to the members of the company at least 21 days before the annual general meeting.

If any person has a concern as to whether a company is meeting its statutory obligations under the Companies Acts 1963-2009 in relation to the preparation or presentation of accounts it is open to that person to report that concern to the Office of the Director of Corporate Enforcement. The Director of Corporate Enforcement is statutorily independent in the performance of his statutory functions and I have no direct function in such matters.

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