Since the historic vote for Britain to leave the EU there has been a lot of discussion and debate on the impact of the Brexit on Ireland. A small part of this is the impact from a Company Law perspective. A lot of the exemptions in the Companies Act apply to companies that are resident
The ODCE and the professional accountancy bodies have developed a technical release TR 03/2016 on Reporting Company Law Offences: Information for Statutory Auditors. This has been updated in accordance with the Companies Act 2014. Download the ODCE TECHNICAL RELEASE TR 03/2016 The purpose of this Technical Release is to assist the statutory auditor in applying
In recent months we have seen a number of high profile companies such as Petroceltic and Petroneft at which resolutions have been put forward by shareholders to remove directors from the board. We have also seen a noticeable increase in queries and engagements to remove directors from SME companies. There are various reasons for this
We have written about cases before the Courts where directors have been restricted or disqualified to highlight to directors the important role they play in a company and to remind them of their duties and responsibilities. Many of the cases such as the Glenda Gilson case show the directors being restricted or disqualified. A&L Goodbody
We have a group of companies with one of the companies in the group is regulated by the Central Bank. Can the rest of the group avail of audit exemption? One of the most welcome provisions of the Companies Act 2014 was the introduction of group audit exemption. Sec 359 provides that a small group
Section 633 of the Companies Act 2014 (“2014 Act”) introduced mandatory qualifications for persons undertaking work in relation to the winding up of companies. For the first time in Irish law, there are now minimum requirements for those wishing to act as liquidators in the context of corporate insolvency. In summary, the categories of those
We are considering removing the statutory auditor of the company and want to know how we can do this correctly? A company may remove a statutory auditor and appoint, in his or her place, any other person or persons by ordinary resolution of the members. The removed auditor may be replaced by any other person
The Court of Appeal clarified handed down an important decision in an appeal case taken by the Director of Corporate Enforcement against a decision in Re Walfab Engineering Limited. The Court has re-affirmed that no material distinctions exist in the company law obligations of a director of any type of company regardless of the size
Conor Sweeney outlines the important changes affecting the role of Company Secretary following the implementation of the Companies Act 2014. All the Company Secretaries in Ireland breathed a huge sigh of relief when the CLRG recommended to retain the requirement to have a Company Secretary and instead removed the need for a second director for
One significant new requirement in the Companies Act 2014 is the requirement for all loans to or from a company to be approved in writing. This is something directors and business advisor must now be aware of and ensure that the terms of all loans are in writing. Any loans that are in place prior