Brendan McGahon
Question:54 Mr. McGahon asked the Tánaiste and Minister for Enterprise, Trade and Employment if a company which is dissolved by the Companies Office can be permitted to carry out a number of operations (details supplied). [32010/01]
Written Answers. - Companies Legislation.
A company that has been dissolved no longer legally exists. Accordingly, it cannot continue to trade or carry out the operations referred to by the Deputy. It would be a matter for the relevant authorities to introduce procedures to ensure that grant assistance, licences, etc, were not provided to a company that had ceased to exist.
It is, however, possible for a company to be restored to the register. Under section 311A of the Companies Act, 1963, a company that has been dissolved can be restored to the register of companies by making an application to the Registrar of Companies within 12 months of its dissolution. Alternatively, under section 311 of the Companies Act, 1963, a company, member or creditor can seek to have a dissolved company restored to the register, within a period of 20 years from its dissolution, by seeking a High Court order to that effect. A company that is restored to the registry is deemed to have continued in existence as if its name had not been struck off.
Section 381(1) into the Companies Act, 1963, as amended by section 98 of Company Law Enforcement Act, 2001, provides that it is an offence for a person to trade or carry on business under a name or title of which "limited" is the last word, unless duly incorporated with limited liability. Under section 240 of the Companies Act, 1990, as amended, a person summarily convicted of an offence under section 381 of the Companies Act, 1963 may be liable to a fine not exceeding £1,500 – 1,904 – or to imprisonment for a term not exceeding 12 months or to both. A person convicted on indictment may be liable to a fine not exceeding £10,000 – 12,692 – or to imprisonment for a term not exceeding five years or to both.
Where a person is in breach of section 381(1) and fails within 14 days after the service of a notice on him or her to cease to trade or carry on business under a name or title of which "limited" is the last word unless duly incorporated with limited liability, section 382(2) of the Companies Act, 1963 empowers the Registrar of Companies or the Director of Corporate Enforcement to apply to court for an order directing the person who has committed the offence to cease to so trade or carry on a business.