Companies Act 2014

F597[Communication with the CEAOB

936B

936B. (1) The Supervisory Authority shall immediately communicate to the CEAOB particulars of

(a) any direction under section 934(8) that is equivalent to a direction referred to in paragraph (b),

(b) any direction given by the Authority under section 934C(2)(e) or (f), and

(c) any direction given by the F598[Corporate Enforcement Authority] under F599[section 944AB(2)(b)].

(2) The Supervisory Authority shall, as soon as may be after the end of a year, give to the CEAOB aggregated information in relation to

(a) all relevant sanctions imposed by it on specified persons (being specified persons who fall within paragraph (b) of the definition of "specified person") during the year in accordance with this Chapter,

(b) all public notices of relevant sanctions imposed by it on specified persons (being specified persons who fall within paragraph (b) of the definition of "specified person") during the year in accordance with this Chapter,

(c) all relevant sanctions (within the meaning of Chapter 9 of Part 27) imposed by it on specified persons (within the meaning of that Chapter) during the year in accordance with that Chapter,

(d) all public notices of relevant sanctions imposed (within the meaning of Chapter 9 of Part 27) by it on specified persons (within the meaning of that Chapter) during the year in accordance with that Chapter,

F599[(e) in so far as all or part of the year has elapsed before the relevant date, all relevant sanctions (within the meaning of section 957AA as in force before the relevant date) imposed by the F598[Corporate Enforcement Authority] during the year in accordance with Chapter 3,]

F599[(f) on and after the relevant date, all relevant sanctions (within the meaning of section 944Z) imposed by the Authority during the year in accordance with Chapter 3B,]

F600[(g) in so far as all or part of the year has elapsed before the relevant date, all public notices of relevant sanctions (within the meaning of section 957AA as in force before the relevant date) imposed by the Director during the year in accordance with Chapter 3, and]

F600[(h) on and after the relevant date, all public notices of relevant sanctions (within the meaning of section 944Z) imposed by the Authority during the year in accordance with Chapter 3B.]

(3) A recognised accountancy body shall immediately communicate to the Supervisory Authority particulars of any temporary prohibition referred to in point (c) or (e) of Article 30a(1) of the Audit Directive imposed by the body on a relevant person.

(4) The Supervisory Authority shall immediately communicate to the CEAOB particulars which have been communicated to it under subsection (3).

(5) Without prejudice to the generality of sections 1523 and 1556, a recognised accountancy body shall, as soon as may be after the end of a year, give to the Supervisory Authority aggregated information in relation to

(a) all sanctions equivalent to relevant sanctions imposed by it on relevant persons during the year in accordance with Part 27, and

(b) all notices equivalent to public notices of the sanctions first-mentioned in paragraph (a) imposed by it on relevant persons during the year in accordance with Part 27.

(6) The Supervisory Authority shall, as soon as may be after it is given the information referred to in subsection (5), give the information to the CEAOB.

F599[(7) In this section—

"relevant date" means the date of commencement of section 3 of the Companies (Corporate Enforcement Authority) Act 2021;

"relevant person", in relation to a recognised accountancy body, means—

(a) a member of the body, or

(b) an auditor or audit firm in relation to whom, by virtue of section 930C, the body may perform functions,

who is a statutory auditor or former statutory auditor.]]

Annotations

Amendments:

F597

Inserted (21.09.2018) by Companies (Statutory Audits) Act 2018 (22/2018), s. 37, S.I. No. 366 of 2018.

F598

Substituted (6.07.2022) by Companies (Corporate Enforcement Authority) Act 2021 (48/2021), s. 12(1) and sch. 2 ref. nos. 279, 280, S.I. No. 335 of 2022.

F599

Substituted (6.07.2022) by Companies (Corporate Enforcement Authority) Act 2021 (48/2021), s. 9(a), (b), (c), S.I. No. 335 of 2022.

F600

Inserted (6.07.2022) by Companies (Corporate Enforcement Authority) Act 2021 (48/2021), s. 9(b), S.I. No. 335 of 2022.

Editorial Notes:

E169

The amendment contained in Companies (Corporate Enforcement Authority) Act 2021 (48/2021), s. 12(1) and sch. 2 ref. no. 281 cannot be made as subs. (2)(f) is already substituted by the same Act, see F-note above.