The General Scheme of the Companies (Corporate Enforcement Authority) Bill 2018 was published in December 2018. The purpose of the Bill is to make a number of amendments to the Companies Act 2014 (the “Act”) including:- The establishment of the Office of the Director of Corporate Enforcement (ODCE) as a stand-alone agency, to be called
Acting as a director can be an onerous task never mind trying to stay on top of what your legal duties are as a company director. Managing risk and ensuring the company stays compliant with all requirements facing the company means boards should have regular training to keep them up to date with changes.
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
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
An important judgement was given by Mr. Justice Gilligan in a restriction case involving Glenda Gilson in determining the role of a second “passive director” plays in a company. The judge in a 32 page judgement, addressed the role a second director plays in a company that they have a duty and a responsibility toward