Written answers

Wednesday, 5 February 2014

Department of Jobs, Enterprise and Innovation

Companies Law

Photo of Róisín ShortallRóisín Shortall (Dublin North West, Independent)
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80. To ask the Minister for Jobs, Enterprise and Innovation the penalties that apply to a person trading under the name of a company that has been dissolved for over four years, having never filed accounts; and if he will make a statement on the matter. [5857/14]

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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The power of the Registrar of Companies to strike a company off the Register is found in Section 12 of the Companies (Amendment) Act 1982, as amended and Section 311 of the Companies Act 1963, as amended. A company, following strike off ceases to exist as a legal entity as and from the date on which notice of its strike off is published in the Companies Registration Office Gazette. The protection of limited liability is lost with effect from that date, and if the business formerly carried on through the company is continued, the owners are trading in their personal capacity. In addition, all real and personal property of the company vests in the State.

An application may be made to the High Court by the Director of Corporate Enforcement (the Director) for an order pursuant to section 160(2)(h) of the Companies Act 1990, disqualifying the company's directors from acting as directors or having any involvement in the management of any company, together with an order for the legal costs incurred by the Director in bringing such application and the costs incurred by him in investigating the matter. The length of the disqualification period is a matter for the Court.

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