Companies Act 2014

1

Short title and commencement

1. (1) This Act may be cited as the Companies Act 2014.

(2) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

(3) Without prejudice to the generality of subsection (2), an order or orders under that subsection may appoint different days for the coming into operation of section 4 or 1325 so as to effect the repeal or revocation provided by section 4 or 1325 of—

(a) an enactment specified in Part 1 or Part 2 of Schedule 2 or in Schedule 15, as the case may be, on different days for different purposes; or

(b) different provisions of an enactment specified in Part 1 or Part 2 of Schedule 2 or in Schedule 15, as the case may be, on different days.

Annotations

Editorial Notes:

E2

A table listing provisions and commencement dates is available at http://www.irishstatutebook.ie/eli/isbc/2014_38.html

E3

Power pursuant to subs. (2) exercised (11.11.2016) by Companies Act 2014 (Commencement) Order 2016 (S.I. No. 562 of 2016). This amendment is not represented in S.I. No. 169 of 2015 below.

2. Article 3 of the Companies Act 2014 (Commencement) Order 2015 (S.I. No. 169 of 2015) is amended by the deletion of paragraph (a) from Article 3.

E4

Power pursuant to subs. (2) exercised (1.06.2015) by Companies Act 2014 (Commencement) (No. 2) Order 2015 (S.I. No. 220 of 2015), in effect on commencement of instrument being amended (.

2. Article 3 of the Companies Act 2014 (Commencement) Order 2015 ( S.I. No. 169 of 2015 ) is amended—

(a) by substituting the following for paragraph (a):

“(a) section 4(1) in so far as it relates to Part V of the Companies Act 1990(No.33 of 1990) (being Part V of that Act to the extent that it remained in force on and from the commencement, on the 6th day of July 2005, of section 31of the Investment Funds, Companies and Miscellaneous Provisions Act 2005(No.12 of 2005)),”,

and (b) by substituting the following for paragraphs (c) and (d):

“(c) the provisions specified in Article 4(3),

(d) sections 68(2), 981, 1191 and 1248 in so far as they relate to securities (or interests in securities) that, before the 1st day of June 2015, were admitted to trading or listed on any market, whether a regulated market or not, in the State or elsewhere, and

(e) section 1325,”.

E5

Power pursuant to subs. (2) exercised (1.06.2015) by Companies Act 2014 (Commencement) Order 2015 (S.I. No. 169 of 2015), as amended by Companies Act 2014 (Commencement) (No. 2) Order 2015 (S.I. No. 220 of 2015).

3. The 1st day of June 2015 is appointed as the day on which the Act of 2014, other than—

[(a) section 4(1) in so far as it relates to Part V of the Companies Act 1990 (No. 33 of 1990) (being Part V of that Act to the extent that it remained in force on and from the commencement, on the 6th day of July 2005, of section 31 of the Investment Funds, Companies and Miscellaneous Provisions Act 2005 (No. 12 of 2005)),]

(b) section 4(2) in so far as it relates to Regulation 6 of the European Communities (Mergers and Divisions of Companies) (Amendment) Regulations 2011 ( S.I. No. 306 of 2011 ),

[(c) the provisions specified in Article 4(3),

(d) sections 68(2), 981, 1191 and 1248 in so far as they relate to securities (or interests in securities) that, before the 1st day of June 2015, were admitted to trading or listed on any market, whether a regulated market or not, in the State or elsewhere, and

(e) section 1325,]

shall come into operation.

4. (1) In this Article “financial year” does not include a financial year that begins before the 1st day of June 2015.

(2) The first day of the financial year of a company, by reference to which functions of the company under a provision of the Act of 2014 specified in paragraph (3) are performable, is appointed as the day on which that provision shall come into operation.

(3) Each of the following is a provision of the Act of 2014 referred to in paragraph (2): sections 167, 225, 305(1)(b), 306(1), 326(1)(a) and 330.

5. For the avoidance of doubt, in a case in which financial statements of a company are prepared before the 1st day of June 2015, references in sections 353 and 354 of the Act of 2014 to section 290 of that Act are to be read, by virtue of Schedule 6 to the Act of 2014, as references to the corresponding provision of the prior Companies Acts.