Companies (Corporate Governance, Enforcement and Regulatory Provisions) Act 2024

/images/harp.jpg


Number 44 of 2024


COMPANIES (CORPORATE GOVERNANCE, ENFORCEMENT AND REGULATORY PROVISIONS) ACT 2024


CONTENTS

PART 1

Preliminary and General

Section

1. Short title and commencement

2. Definition

3. Repeals and amendments

PART 2

Amendment of Principal Act

4. Amendment of section 2 of Principal Act

5. Amendment of section 15 of Principal Act

6. Amendment of section 35 of Principal Act

7. Execution of instruments consisting of several documents in like form

8. Amendment of section 50 of Principal Act

9. Registrar may request evidence of situation of registered office

10. Amendment of section 132 of Principal Act

11. Amendment of section 176 of Principal Act

12. Participation in general meetings by use of electronic communications technology

13. Amendment of section 181 of Principal Act

14. Amendment of section 187 of Principal Act

15. Amendment of section 198 of Principal Act

16. Amendment of section 203 of Principal Act

17. Amendment of section 204 of Principal Act

18. Amendment of section 205 of Principal Act

19. Amendment of section 206 of Principal Act

20. Amendment of section 207 of Principal Act

21. Amendment of section 343 of Principal Act

22. Audit exemption (non-group situation) not available in certain cases

23. Amendment of section 393 of Principal Act

24. Amendment of section 430 of Principal Act

25. Amendment of section 436 of Principal Act

26. Amendment of section 441 of Principal Act

27. Remuneration of receivers

28. Amendment of section 444 of Principal Act

29. Amendment of section 462 of Principal Act

30. Amendment of section 463 of Principal Act

31. Amendment of section 558A of Principal Act

32. Amendment of section 558B of Principal Act

33. Amendment of section 558C of Principal Act

34. Amendment of section 558I of Principal Act

35. Amendment of section 558K of Principal Act

36. Amendment of section 558R of Principal Act

37. Amendment of section 558Y of Principal Act

38. Amendment of section 558Z of Principal Act

39. Amendment of section 558ZA of Principal Act

40. Amendment of section 558ZC of Principal Act

41. Amendment of section 558ZD of Principal Act

42. Amendment of section 558ZK of Principal Act

43. Amendment of section 558ZM of Principal Act

44. Amendment of section 558ZN of Principal Act

45. Amendment of section 558ZO of Principal Act

46. Amendment of section 558ZR of Principal Act

47. Amendment of section 558ZW of Principal Act

48. Amendment of section 558ZX of Principal Act

49. Amendment of section 558ZY of Principal Act

50. Amendment of section 558ZAD of Principal Act

51. Amendment of section 592 of Principal Act

52. Amendment of section 641 of Principal Act

53. Amendment of section 680 of Principal Act

54. Amendment of section 683 of Principal Act

55. Amendment of section 705 of Principal Act

56. Amendment of section 706 of Principal Act

57. Amendment of section 723 of Principal Act

58. Insertion of sections 724A and 724B in Principal Act

59. Amendment of section 726 of Principal Act

60. Amendment of section 727 of Principal Act

61. Amendment of section 728 of Principal Act

62. Amendment of section 729 of Principal Act

63. Amendment of section 737 of Principal Act

64. Amendment of section 740 of Principal Act

65. Amendment of section 792 of Principal Act

66. Offence of obstructing, interfering with or impeding officer of Authority

67. Amendment of section 795 of Principal Act

68. Amendment of section 819 of Principal Act

69. Amendment of section 823 of Principal Act

70. Amendment of section 863 of Principal Act

71. Information on composition of board of directors by reference to gender

72. Amendment of section 891 of Principal Act

73. Amendment of section 905 of Principal Act

74. Amendment of section 915 of Principal Act

75. Amendment of section 930 of Principal Act

76. Amendment of section 934 of Principal Act

77. Interim direction required to protect public

78. Amendment of section 941 of Principal Act

79. Amendment of section 944A of Principal Act

80. Amendment of section 944G of Principal Act

81. Amendment of section 944I of Principal Act

82. Amendment of section 944O of Principal Act

83. Amendment of section 944Q of Principal Act

84. Amendment of section 1062 of Principal Act

85. Record date for participation and voting in general meeting

86. Application of section 176A in relation to PLCs

87. Amendment of section 1129 of Principal Act

88. Amendment of section 1551 of Principal Act

PART 3

Amendment of other Acts of Oireachtas

89. Participation in general meetings by use of electronic communications technology

90. Amendment of Registration of Business Names Act 1963

SCHEDULE 1

Repeals

SCHEDULE 2

Consequential Amendments


Acts Referred to

Companies Act 2014 (No. 38)

Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (No. 6)

Industrial and Provident Societies (Amendment) Act 1978 (No. 23)

Industrial and Provident Societies Act 1893 (56 & 57 Vict., c. 39)

Probation of Offenders Act 1907 (7 Edw. 7 c. 17)

Registration of Business Names Act 1963 (No. 30)

/images/harp.jpg


Number 44 of 2024


COMPANIES (CORPORATE GOVERNANCE, ENFORCEMENT AND REGULATORY PROVISIONS) ACT 2024


An Act to provide for the conduct of, and participation in, general meetings of a company or industrial and provident society by the use of electronic communications technology; to repeal certain provisions of the Companies Act 2014 and the Industrial and Provident Societies Act 1893 ; to provide for the circumstances in which a company is not entitled to an audit exemption under section 358 of the Companies Act 2014 ; to provide for the disapplication of the Probation of Offenders Act 1907 to an offence under section 343 of the Companies Act 2014 ; to make certain amendments to the rescue process for small and micro companies; to provide for additional grounds for involuntary strike off of companies; to extend the list of competent authorities to which the Authority may disclose information, books or documents under section 792 of the Companies Act 2014 ; to provide for an offence of obstructing, interfering with or impeding an officer of the Corporate Enforcement Authority; to enable the Irish Auditing and Accounting Supervisory Authority to use money paid into the reserve fund in accordance with section 919 of the Companies Act 2014 in the performance of its functions under section 934 of that Act; to enable the Irish Auditing and Accounting Supervisory Authority to issue an interim direction in certain circumstances; to enable specified bodies to disclose information to the Corporate Enforcement Authority under section 944Q of the Companies Act 2014 ; and for those purposes, and other purposes, to amend the Companies Act 2014 , the Industrial and Provident Societies Act 1893 , and the Registration of Business Names Act 1963 .

[12th November, 2024]

Be it enacted by the Oireachtas as follows: