Specific performance of contracts to subscribe for debentures, Prohibition on registration of certain matters affecting shareholders or debentureholders, 427. Limitation on reduction by a PLC of its company capital, 1086. Registration of insolvency judgments, 1422. Conversion of existing private companies to designated activity companies: duties and powers in that regard, 57. ICSA Member and CPD Provider Part of The OmniPro Group. Transitional provision for companies struck off register before commencement of this Chapter, 745. Delegation of Supervisory Authority's functions, 938. (No. Company having a restricted person may not acquire certain non-cash assets from subscribers, etc. Supplemental provisions in relation to section 593. Continuation of foreign investment company, 1411. Liquidator to report on conduct of directors, 683. 758. Appointment of committee of inspection in court ordered winding up, 667. 1034. Companies Act 2014 Current Version. Application of sections 297, 350 and 362 to a DAC, 995. Company to carry on activity in the State and prohibition of certain activities, 20. Summoning general meetings of the company, etc. The Companies Act 2014 consolidates the existing 17 Companies Acts, which date from 1963 to 2013, into one Act and it also introduces a number of reforms, which are designed to make it easier to operate a company in Ireland. Supplemental provisions in relation to section 541, 543. Court may make order after considering inspectors' report, 761. 7 c. 69), Companies (Miscellaneous Provisions) Act 2009 Liabilities and rights of persons who have been unfairly preferred, 606. Provisions as to names of unlimited companies, 1240. Development costs shown as asset of company to be set off against company's distribution profits, 122. Audit exemption not available where company or subsidiary undertaking falls within a certain category, 363. Other arrangements and transactions in which the directors, etc., have material interest, 310. Credit institutions: exceptions to disclosure by holding company under sections 307 to 309 in the case of connected persons and certain officers, 311. Credit institutions: disclosures by holding company of aggregate amounts in respect of connected persons, 312. Credit institutions: requirement for register, etc., in the case of holding company as respects certain information, 313. Previously, the parent company was required to give a guarantee in respect of "all liabilities shown in … Not have a financial year end exceeding a … References to unlimited company to mean ULC, PUC or PULC, 1230. Regulations for the purposes of sections 850 to 853, Enforcement in relation to disqualification and restriction, 855. Director shall give notice of direction, 771. Books of company to be evidence in civil proceedings, 687. Interpretation (Part 6): other definitions and construction provisions, 276. Incidental payments with respect to acquisition of own shares, 111. (5), 789. Voting by director in respect of certain matters: prohibition and exceptions thereto, 1114. Exemption from consolidation: holding company with all of its subsidiary undertakings excluded from consolidation, 302. Modification of definition of “IAS regulation” in the case of PUCs and PULCs, 1268. (1), 206. Interpretation and supplemental provisions in relation to section 1022, 1024. Copies of directors' service contracts, 156. Power to deal with charged property, etc. Supplemental provisions in relation to section 305, 307. c. 31), Bank of Ireland Act 1929 Exemption from consolidation: holding company that is subsidiary undertaking of undertaking registered in EEA, 300. Court may lift restrictions imposed on shares under section 768, 773. Relief from liability under section 828, 831. Statutory auditors' report on statutory financial statements, 337. Application of certain provisions to companies not in liquidation, 569. Supplementary provisions in relation to sections 457 and 458 (including provision for applications to court). Mode of notification by directors and secretaries under this Chapter, 266. 1221. Additional provisions concerning notice under section 181 by a traded PLC, 1104. Specification in annual programme of expenditure of amounts for reserve fund, 915. Construction of references in other Acts to companies registered under Companies (Consolidation) Act 1908 and Act of 1963, 8. Material omission in statement relating to company's affairs, failure to report false debt, etc. Extension of transition period in the event of difficulties, 17. Application of Parts 1 to 14 to DACs, 965. Additional (general) provisions relating to acquisition by PLCs of own shares, 1072. Liability as contributories of past and present members and provision concerning winding up after certain re-registration. Court may require director to give certain information, 863. Payment of debts due by contributory to the unlimited company and extent to which set-off allowed, 1281. Supplemental provisions in relation to section 1358, 1360. Transitional provision — use of “limited” or “teoranta” by existing guarantee company, 1191. Set out in 25 Parts, 1,448 sections and 17 Schedules, the Companies Act 2014 provides for a number of different company types and provides for company incorporation, everyday administration and management, to winding up and dissolution. Application of section 405 to every type of company and society, 1434. 31), Statute Law (Restatement) Act 2002 Approval and signing of abridged financial statements, 356. Court may give directions in relation to investigation, 750. Supplementary rules, etc. Power of receiver and certain others to apply to court for directions and receiver's liability on contracts. Requirements as to share capital of body corporate applying to register as a PLC, 1319. Authorisation of an electronic filing agent, 36. Modified application with respect to non-profit companies CHAPTER 2 FORMATION, ADMINISTRATION AND DISSOLUTION OF COMPANIES Companies Act 2014 The electronic Irish Statute Book (eISB) comprises the Acts of the Oireachtas (Parliament), Statutory Instruments, Legislation Directory, Constitution and … Notice to be given with respect to exercise of powers, restrictions on self-dealing, etc. Contents of Registrar's notice to company, 730. 2), Finance (Local Property Tax) Act 2012 Limitation on number of directorships. Voidance of executions against property of company, 604. Annual report and provision of information to Minister, 964. Supplemental provisions in relation to section 307 (including certain exemptions from its terms), 309. (No. 757. Supplemental provisions in relation to section 787(3) to, 835. Resignation of statutory auditor: requisition of general meeting, 402. The Act consolidates the existing Irish Companies Acts and many of the related statutory instruments into a single statute while simultaneously introducing significant reforms to Irish company law. Obligation (unless relieved) of liquidator of insolvent company to apply for restriction of directors, 684. Particulars to be contained in notification, 1054. 651. Inspector may require other persons to produce books or documents and give assistance, 755. Consequences of failure to comply with requirements as to register owing to agent's default, 176. Addition of “limited” or “teoranta”, etc. Modes of winding up — general statement as to position under Act, 562. Registration against company of certain matters prohibited, 428. Objection to confirmation by court of proposals, Liability of third parties for debts of a company in examination, 547. III, c. 50), Bank of Ireland Act 1808 Transitional provisions in relation to priorities of charges, 421. Approval and signing of statutory financial statements by board of directors, 325. The form of the constitution of an ULC or PUC, 1234. Power of court to stay or restrain proceedings. Provisions in relation to recognition by Supervisory Authority under section 930, 932. Modification of definition of “IAS Regulation” in the case PLCs, 1117. (No. Application of Chapters 1, 2 and 4 of Part 23 to PUCs and PULCs, 1284. The Companies Act 2014 consolidated the 1963-2013 Acts as well as introducing some new innovations. Delivery to Registrar of documents in legible form, 897. Companies Act 2014 Charges created by a company: changes to filing procedure and priority rules. A CLS is a simplified newform private company limited by shares. Company acquiring its own shares, etc. Requirement for corporate governance statement and modification of certain provisions of Parts 5 and 6 as they apply to DACs, 993. Companies Act (Schedule 24) Regulations 2017. 219. (No. by competent authority, 1384. 13), Companies (Amendment) Act 1986 (No. 41), Investment Intermediaries Act 1995 Offence of acting under directions of person where directions given in contravention of this Part, 857. Declaration to be made in the case of merger of company, 207. Application of section 747(2) to PUCs and PULCs. Public notice in case of voluntary strike off, 733. Requirement for corporate governance statement and modification of certain provisions of Parts 5 and 6 as they apply to CLGs, 1213. The Companies Act 2014 is the single biggest piece of legislation enacted in the history of the state. Power to apply to court for determination of questions or concerning exercise of powers. Supplemental provisions in relation to section 787(3) to Copies of instruments creating charges to be kept, 419. Supplemental provisions in relation to section 1323, 1326. Notice of delivery to be published in CRO Gazette, 1311. Filing obligations of non-EEA company, 1305. Admissibility in evidence of certain matters, 885. Currency of payments under enforceable insolvency judgments, 1427. Holding of own shares or shares in holding undertaking, 322. 216. Restriction of rights of creditor as to execution or attachment in case of company being wound up, 607. Under the new Companies Act 2014, Directors have a duty to convert their company to one of the new company types within the 18-month transitional period. Disqualification of restricted person following subsequent winding up, Disqualification and restriction undertakings, 850. CLG to carry on activity in the State, 1177. Statutory auditors' report on statutory financial statements, 392. Further matters respecting an umbrella fund to which section 1405(1) applies, 1410. Supplemental provisions in relation to constitution and continuance in force of existing memorandum and articles, 1394. 24), Joint Stock Banking Companies Act 1857 (21 Vic. Registration of particulars of special rights, 91. Entitlement to notify Registrar of changes in directors and secretaries if section 149(8) contravened, 153. Circumstances in which compromise or arrangement becomes binding on creditors or members concerned, 454. Signing, drawing, etc., of negotiable instruments and receipts, 170. DAC to carry on activity in the State, 968. Registration and publication of confirmation of division, 1169. Court order for restoration on application of Registrar, 744. Amendment of section 30 of Multi-Unit Developments Act 2011, 1446. Modified application with respect to state-owned companies 10. (No. The decision on whether to register as … Supplemental provisions in relation to constitution, 971. Allotment of shares and other securities, 1023. Court's power to stay proceedings or restrain further proceedings, 452. Supplemental provisions in relation to section 216 — “relevant fee”, power to alter the amount of it, offences, etc. Uncertificated transfer of securities, 1195. Repudiation by examiner of contracts made before period of protection and of negative pledge clauses whenever made: prohibitions and restrictions, 526. 460. Companies capable of being registered, 1339. Particular requirements for re-registration of company as a DAC limited by shares, 1299. Duty of disclosure — first class of case in which duty arises, 1050. Main conditions for audit exemption — group situation, 361. Court may grant exemption from requirements of disclosure order, 811. On 15 April 2015, ACRA announced that the legislative changes to the Companies Act would be effected in two phases. Meetings of directors and committees, 161. (2) used in these rules but not defined and defined in the Act or in the Reserve Bank of India Act, 1934 (2 of 1934) or in the Companies (Specification of definitions details) Rules, 2014, shall have the meanings respectively assigned to them in the said Acts or in the said rules. Documents to be annexed to annual return: all cases, 348. Supplemental provisions in relation to section 828, 830. Expanded meaning of “officer” and “agent” for purposes of sections 753 to 757, 753. Acting Director of Corporate Enforcement, 951. Interest on insolvency judgments and payment of costs, 1424. 527. Loans, etc., by company to directors: evidential provisions, 237. Application of certain provisions of Act to unregistered companies, 1313. Non-application of Part 6 to PLCs that are credit institutions or insurance undertakings, 1115. Meetings of classes of shareholders, 1141. Registration and publication of documents, 1137. What this Chapter does and references to relevant Chapter 2 requirements, 1290. Specific disqualification from appointment as liquidator or provisional liquidator, 636. 1386. Period within which summary proceedings may be commenced, 868. Interpretation and application (Chapter 3). The location and means for holding general meetings, 178. Saving in relation to section 780, etc. “Existing legal obligation” — definition and other provisions in relation to sections 251 to 253, Disclosure of interests in shares and debentures, 256. No. Saving for rights of creditors and contributories, 579. Pooling of assets of related companies, 601. Application of section 94 to ULCs and PUCs, 1254. (8 Edw. Status of existing unlimited company, 1247. Requirement for corporate governance statement and modification of certain provisions of Parts 5 and 6 as they apply to investment companies, 1402. 68. Alteration of articles by special resolution, 1016. 512. Powers to convert shares into stock, etc. Alteration of articles by special resolution, 978. (No. Notice by voluntary liquidator of his or her appointment, 594. Reference in Parts 2 to 14 to company to mean private company limited by shares, 11. Delivery of documents in electronic form may be made mandatory, 898. Information, books or documents may be disclosed for certain purposes, 792. Procedure for and commencement of members' voluntary winding up, 580. (No. Court may have regard to wishes of creditors or contributories, 567. Notification that a company is in liquidation, etc. Power of court to grant relief to officers of company, 234. Proposals for compromise or scheme of arrangement, 540. Delivery to Registrar of accounts of receivers, Regulation of receivers and enforcement of their duties, 442. Circumstances in which floating charge is invalid, 598. Registrar's notice that document does not comply, 899. Preservation of rights of holders of securities, 504. PUBLIC OFFERS OF SECURITIES, FINANCIAL REPORTING BY TRADED COMPANIES, PREVENTION OF MARKET ABUSE, ETC. Where register to be kept, inspection of register, inspection of reports, etc. Use of computers, etc., for certain company records, Inspection of registers, provision of copies of information in them and service of notices. 17), Companies (Amendment) Act 1977 Right to information and explanations concerning company, 388. Supplemental provisions in relation to sections 646 and 647, 649. and issuing of shares, 1183. Penalties on conviction on indictment and defences in respect of certain offences, 1357. Restriction on payment of pre-petition debts, 522. Certain exemptions from consolidation of financial statements not available to traded company, 1378. Statutory financial statements must be audited (unless audit exemption availed of), 334. (Geo. Cases where company has availed itself of audit exemption, 372. Application of Chapters 1, 2 and 4 of Part 23 to investment companies, 1405. Fourth and fifth cases in which duty to notify arises — grant or assignment of subscription rights, etc. Restriction undertaking — initiation of procedure that provides person opportunity to submit to restriction, 853. The Act came into effect on 1 June 2015 and business owners should prepare now. Requirement for corporate governance statement and modification of certain provisions of Parts 5 and 6 as they apply to PLCs, 1116. Preliminary and interpretation (Chapter 1), 1417. Disapplication of section 440 to receivers in certain circumstances, 525. (1), 760. Offence of destruction, mutilation or falsification of book or document, 878. Civil sanctions where opinion as to solvency stated in declaration without reasonable grounds, 211. Duty of PLC to notify authorised market operator, 1082. Winding up of company that had been an unlimited company before re-registration, 666. Power to re-issue redeemed debentures, 425. Investment company to carry on activity in the State, 1392. Transitional provision — companies accounting by reference to Sixth Schedule to Act of 1963, 409. Sections 158 to 165 to apply save where constitution provides otherwise, 158. Further offence, where contravention continued after conviction for an offence, and penalties for such offence, 871. — permissible circumstances and prohibitions, 103. Capacity to make public offers of securities, 1021. Information to be supplied to Registrar, Provisions relating to offences generally, 866. Miscellaneous provisions relating to disqualification by court order, 847. Offence for failure to make disclosure, or deliver certain things, to liquidator, 717. 7, c. 24), Multi-Unit Developments Act 2011 Language of documents filed with Registrar, 35. (7 Edw. Particular requirements for re-registration of company as a CLG, 1298. Exception to section 137 — companies having real and continuous link with economic activity in State, 141. Unclaimed dividends and balances to be paid into a particular account, 624. Publication in relation to insolvency proceedings outside State, 1421. District court district within which summary proceedings may be brought, 867. Application of this Chapter to receivers, 825. Availability of Summary Approval Procedure to permit loans, etc. Alteration of objects clause by special resolution, 975. Way of forming private company limited by shares, 18. “Percentage level” in relation to notifiable interests, 1053. c. 78), Bank of Ireland Act 1781 (1)(a)(ii), 473. The Companies Act 2014 makes the most far-reaching and fundamental changes to Irish company law in two generations, putting forward a radically different approach whereby the private company limited by shares will become the new model company. within 12 months preceding winding up or any time thereafter: offences. Supplementary and clarificatory provisions for section 898, Irish Auditing and Accounting Supervisory Authority, 901. Page URL, Commencement, Amendments, SIs made under the Act, Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht, Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí), 138. Reinstatement as PLC confined to company which had such status before dissolution, 1126. Application for declaration of restriction, 821. (No. Restriction of liability where non-equity securities solely involved, 1353. Additional statements required of company that is to have a share capital on its re-registration, 1287. Public offers of securities, market abuse, etc. 22), Companies (Auditing and Accounting) Act 2003 How liquidator is to be described and validity of acts. Director's power to examine books and records, 655. Court may impose restrictions on publication of information provided, 815. Provision as to names of companies formed pursuant to statute, 1447. (No. Proposal incorporated (prior to enactment) Text with proposed changes from Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020 (Brexit Omnibus) Requirement for corporate governance statement and modification of certain provisions of Parts 5 and 6 as they apply to PUCs and PULCs, 1267. Procedure on application for disclosure order, 804. Qualification of company as small or medium company, 351. Division may not be put into effect save under and in accordance with this Chapter, 489. Realisation of assets and related matters, 597. 715. Way of forming a DAC and the 2 types of DAC, 966. An Act to consolidate, with amendments, certain enactments relating to companies and to provide for related matters. 380. Appointment of committee of inspection in a creditors' voluntary winding up, 668. Last Update: 05 Sep 2019. Implementation of Section 121 of Companies (Amendment) Act 2014. 242. Reduction in amount of company's relevant assets. Basic requirements for accounting records, 283. 535. Disapplication of section 7 of Official Languages Act 2003, 1448. 12), Investment Funds, Companies and Miscellaneous Provisions Act 2006 Appeals to and orders of the court, including orders confirming decisions of Supervisory Authority. Inspection of books by creditors and contributories, 685. Public notice of intention to strike company off register, 732. Court may grant relief to person subject to disqualification order, 848. Categories 1 to 4 offences — penalties, 872. Supplemental provisions in relation to section 1413, 1415. Supplemental provisions in relation to sections 510 and 511 — other matters to be mentioned in petition, hearing of petition, etc. Person acting under directions of disqualified person liable for debts of company, 861. Notice by Director to remedy default, 874. Rights of holders of special classes of shares, 90. Restoration on application to Registrar, 739. Provisions as to shares transferable by delivery (general prohibition and provision for certain letters of allotment), 1020. 71 of 2008: Companies Act, 2008. Power of company to appoint liquidators, 584. Costs of applicant for order for sale of shares, 774. Admissibility of certified copy or extract, 893. Limitation on offers by DACs of securities to the public, 982. Variation of rights attached to special classes of shares, 1253. Representation of bodies corporate at meetings of companies, 186. Protection of creditors and allocation of liabilities, 502. Enforcement by creditor of liability: restrictions in that regard unless certain procedure employed to the benefit of third person, 550. The act, which is due to come into effect on the 1st of June 2015, has a great deal of focus on private limited companies as they account for 90% of … Liability as contributories of past and present members, 1279. Chief executive officer (including provision of transitional nature), 912. Disclosure on letters and order forms, 1308. Requirements in relation to publication of financial statements, 341. Non-recognition or non-enforcement of judgments, 1429. COMPANIES (AMENDMENT) ACT, 2014 AN ACT TO AMEND THE COMPANIES ACT. Circulation of statutory financial statements, 339. 628. Application of transparency (regulated markets) law to certain markets. Power to make regulations for the transfer of securities, 1087. Amendment. When Director may exercise power to require company to produce books or documents, 780. (No. Circumstances in which company may be wound up by the court, 1404. Proceeds of sale following court ordered sale of shares, 776. Appointment of statutory auditors — first such appointments and powers of members vis a vis directors, 383. Proof of certificate as to overseas incorporation, 880. Membership of DAC limited by guarantee confined to shareholders. 463. Declaration to be made in the case of treatment of pre-acquisition profits or losses in a manner otherwise prohibited by section 118, 472. Delivery of revised financial statements or a revised report. 632. Payment by third person to creditor post period of protection — statutory subrogation in favour of third person in certain circumstances, 551. Capacity not limited by a DAC's constitution, 974. Public offers of securities, prevention of market abuse, etc. Supplementary provisions in relation to sections 72 and 73, 75. Financial assistance for acquisition of shares, 85. Compensation for wrongful termination, other powers of removal not affected by section 146, 149. Penalty for default of liquidator in making certain accounts and returns, 652. Non-application of subsequent provisions of Chapter where Summary Approval Procedure employed and effect of resolution referred to in section 202, 514. 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Registrar to strike it off register before commencement of Chapter, 489 mutilation or falsification of or..., 225, 32, 1101 overseas incorporation, 880, 1357 inspector may require director Act!, 1007, provisions relating to company before accepting appointment or acting as director secretary... “ agent ” for purposes of section 68 to PUCs and PULCs, 1255 “ capitalisation,. Of securing compliance with disclosure order, 808 ” and construction of such by directors, 909,.., 548, 806 Act 1994 ( No and creditors, 86 auditors ' term of,... Have official seal for use abroad, 46 to interest in shares or acquired! Approval procedure employed to the public, 70 unregistered companies, 1256 the question that companies! Acquisitions by subsidiaries, 1071 acquired from subscribers, 1038 CLG to carry on activity in case. Entity under S.I, 1082 under enforceable insolvency judgments and payment of due... Acquire certain non-cash assets and involving directors, 683 exemption not available where company or its creditors 822. Section 206, 210, 48 's power to alter provisions in memorandum could. 1982 ( No anticipated claim: similar power of inspector to expand investigation into affairs related. Or secretary or otherwise involved in a division, 506 status: Updated to reflect all known changes,.... Losses being treated in holding company 's distribution profits, 122 secretary not permitted,.. 2003 ( No and receipts, 170 investigation into affairs of related bodies corporate at meetings held during up... Is invalid, 598 of related bodies corporate generally, 866 of creditor as to goods taken in execution 608. Offence with respect to acquisition of own shares, 1291 for Acts 1335! Acquired from subscribers, etc. a conclusion for rights of holders of,.