Companies Act 2014 in force
The long awaited Companies Act 2014 finally commenced on 1 June 2015.
The majority of the provisions of the legislation are now in force.
Commencement of Companies Act 2014 - new Irish company law
The Companies Act 2014 was commenced under SI 169 of 2015 and SI 220 of 2015.
1 June 2015 was selected as the commencement date for most of the provisions that replace the existing Companies Acts in Ireland except for:
section 4(1) in so far as it relates to the provisions of Part V of the Companies Act 1990 (Insider Dealing) to the extent that it remained in force following the commencement on 6 July 2005 of section 31 of the Investment Funds, Companies and Miscellaneous Provisions Act 2005;
section 4(2) in so far as it relates to Regulation 6 of the European Communities (Mergers and Divisions of Companies) (Amendment) Regulations 2011;
certain information and financial provisions (sections 167 (audit committees), 225 (directors compliance statement and related statement), 305(1)(b) (disclosure of aggregate gains by directors on the exercise of share options in the financial year), 306(1) (amounts paid or payable to a person connected with a director to be included when disclosing director information), 326 (1)(a) (names of all directors in a financial year) and 330 (statement on relevant audit information in Directors Report)). These will only apply to a company from the first day of the financial year that commences on or after 1 June 2015;
sections 68(2) (admitted to trading or listed), 981 (limitations on offers by designated activity company of securities to the public), 1191 (limitations on offers by company limited by guarantee of securities to the public) and 1248 (application of section 68 to public unlimited companies - PUC and PULC limitations on offers of securities to the public) in so far as they relate to securities or interests in securities that before 1 June 2015 were admitted to trading or listed on any market, whether a regulated market or not, in the State or elsewhere; and
section 1325 (consequential repeals).
Converting a company to comply with Companies Act 2014
Existing companies have a transition period to convert over to one of the specified forms of companies under the Companies Act 2014.
Click here for a summary of how the Companies Act 2014 may affect you.
If you would like us to assist you in meeting your requirements under Companies Act 2014 please set up an appointment.
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The material in this article is for general information purposes only and does not constitute legal or taxation advice. Specific legal and taxation advice should be sought before acting. All information and taxation rules are subject to change without notice.
No liability whatsoever is accepted by M. McLoughlin & Co. for any action taken in reliance on the information in this article