Companies Act 2014
Application of Parts 1 to 14 to PLCs
1002. (1) The provisions of Parts 1 to 14 apply to a PLC except to the extent that they are disapplied or modified by—
(a) this section, or
(b) any other provision of this Part.
(2) For the purposes of that application, section 10(1) shall have effect as if it read:
“(1) Unless expressly provided otherwise, a reference in Parts 2 to 14 to a company is a reference to a PLC.”.
(3) The provisions of this Act specified in the Table to this section shall not apply to a PLC.
(4) The specification in the foregoing Table of a provision (a “specified provision”) of Parts 1 to 14 also operates to disapply to a PLC any other provision of those Parts (notwithstanding that it is not specified in that Table) that makes consequential, incidental or supplemental provision on, or in relation to, the specified provision.
Table
|
Subject matter |
Provision disapplied |
|
Way of forming a private company limited by shares |
|
|
Company to carry on activity in the State and prohibition of certain activities |
|
|
Form of the constitution |
|
|
Certificate of incorporation to state that the company is a private company limited by shares |
Section 25(3) |
|
Provisions as to names of companies |
Section 26(1) to (4) |
|
Trading under a misleading name |
|
|
Amendment of constitution by special resolution |
Section 32(1) |
|
Capacity of private company limited by shares |
|
|
Conversion of existing private company to private company limited by shares to which Parts 1 to 14 apply |
|
|
Limitation on offers of securities to the public |
|
|
Allotment of shares |
|
|
Supplemental and additional provisions as regards allotments |
|
|
Reduction in company capital — use of Summary Approval Procedure therefor |
Section 84(2)(a) and (3) |
|
Variation of rights attached to special classes of shares |
|
|
Variation of company capital on reorganisation — use of Summary Approval Procedure therefor |
Section 91(4)(a) |
|
Directors |
|
|
Directors’ duty as regards certain matters in appointing secretary |
Section 129(4) |
|
Removal of directors |
Section 146(2) |
|
Remuneration of directors |
|
|
Voting by director in respect of contract, etc. in which director is interested |
Section 161(7) |
|
Majority written resolutions |
|
|
Supplemental provisions in relation to section 194 |
|
|
Summary Approval Procedure |
Chapter 7 of Part 4 (save as it applies to— (a) a members’ voluntary winding up under section 579; (b) an activity specified in section 118 (prohibition on pre-acquisition profits or losses being treated in holding company’s financial statements as profits available for distribution); or (c) the making of a loan or quasi-loan or the doing of any other thing referred to in section 239). |
|
Directors’ compliance statement and related statement— exemption for companies below a particular size |
The words “to which this section applies” in section 225(2), and section 225(7) |
|
F861[Qualification of company based on size of company] |
F861[Sections 280A to 280G] |
|
Exemption from consolidation: size of group |
F862[…] |
|
Statutory financial statements must be audited (unless audit exemption availed of) |
|
|
Exclusions, exemptions and special arrangements with regard to public disclosure of financial information |
Chapter 14 of Part 6 |
|
Audit exemption |
Chapter 15 of Part 6 |
|
Special audit exemption for dormant companies |
Chapter 16 of Part 6 |
|
Small and medium companies |
|
|
Mergers and divisions of companies |
Chapters 3 and 4 of Part 9 |
|
Disclosure orders |
Annotations
Amendments:
F861
Inserted (9.06.2017) by Companies (Accounting) Act 2017 (9/2017), s. 74, S.I. No. 246 of 2017, art. 3, subject to transitional provision in art. 4.
F862
Deleted (9.06.2017) by Companies (Accounting) Act 2017 (9/2017), s. 88(f)(i), S.I. No. 246 of 2017, art. 3, subject to transitional provision in art. 4.