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Special Committee on the Companies (No. 2) Bill, 1987 debate -
Tuesday, 12 Dec 1989

SECTION 45.

Question proposed: "That section 45 stand part of the Bill."

I want to read into the record my thoughts on this. The basic purpose of section 45 is to extend the disclosure provisions of Part III to unregistered companies. Prior to the dissolution of the last Dáil my predecessor tabled a number of amendments on this Bill with the object of rationalising and extending the application of certain Companies Acts provisions to unregistered companies. These included a proposal to insert a new section 207 in Part VI of the Bill coupled with a Schedule, the effect of which would have been to apply, with only a limited number of exceptions, all the provisions of the present Bill to unregistered companies. This would have rendered section 45 unnecessary and, accordingly, a consequential amendment to delete section 45 was also tabled. These proposals first came up for discussion in Committee in the context of an amendment moved to section 6. The ensuing debate disclosed that the situation in relation to unregistered companies was very complex. In the event the Minister withdrew his amendment on that section indicating that he would probably submit a further amendment on Report Stage. I am still examining the whole question of the application of appropriate provisions of companies' legislation to unregistered companies. In this regard I may find it necessary to move individual amendments on Report Stage, not only in relation to section 45 but in respect of all parts of the Bill which should be applied to unregistered companies. I will have to come back on Report Stage to clarify the situation in relation to unregistered companies in respect of the whole Bill.

Question put and agreed to.
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