Company Law

Dáil Éireann Debate, Tuesday - 8 May 2018

Tuesday, 8 May 2018

Questions (240)

Billy Kelleher

Question:

240. Deputy Billy Kelleher asked the Minister for Business, Enterprise and Innovation the Company Registration Office's plans with regard to the strong and additional wide ranging powers contained in the Companies Act 2014, in particular with regard to the 714-day warning notice under section 79 that can be sent to the CRO before the Registrar of Companies is entitled to bring a section 797 application before the company and the respondent company directors in the High Court as an alternative to the loss of audit exemption. [20197/18]

Written answers

Minister for Business, Enterprise and Innovation

Section 797 of the Companies Act 2014 provides that the Court may order compliance by a company or officer who has failed to comply with a provision of the Act and has failed to remedy this default within 14 days after the service of a notice requiring the default to be remedied.  Section 797(3) provides that the Court may make the Order only on application by one of the following: a member, creditor, the Director of Corporate Enforcement, or the Registrar. Section 797(7) provides that nothing in this section shall prejudice the operation of any enactment imposing penalties. I understand that the Registrar has not, to date, taken an action under this section of the Companies Act 2014.