Written Answers. - Company Law.

Róisín Shortall

Ceist:

166 Ms Shortall asked the Tánaiste and Minister for Enterprise, Trade and Employment the actions which can be taken against a company which is found not to be registered with the Companies Office under its operating business name; the body, person or organisation responsible for taking such action; the way in which members of the public may request such action be taken; and if she will make a statement on the matter. [27756/01]

The Registration of Business Names Act, 1963, requires,inter alia, that every company carrying on business under a business name that does not consist of its corporate name to have its business name registered with the Companies Registration Office. The penalty on summary conviction for failing to register a business name is £100. Every director, secretary and officer of the company who is knowingly a party to the failure to register will be liable to prosecution. Summary proceedings for offences under the Act may be taken by the Minister for Enterprise, Trade and Employment.

Any person who has information suggesting that there is a breach of the Registration of Business Names Act, 1963, should bring this to the attention of our Department who will investigate the matter.

The Registration of Business Names Act, 1963, is currently under review.