Companies Act 2014

F1071[Conditions to be met for exemption in section 1594

1595

1595. (1) The exemption in section 1594 shall be subject to the following conditions:

(a) subject to subsection (3), the directors’ report of the exempted undertaking contains all of the following information:

(i) the name and registered office of the holding undertaking that reports information at group level in accordance with section 1596 or in a manner equivalent to the sustainability reporting standards as determined in accordance with an implementing act on the equivalence of sustainability reporting standards adopted pursuant to the third subparagraph of Article 23(4) of Directive 2004/109/EC,

(ii) links to the website containing –

(I) in the case of an exempted undertaking referred to in section 1594(1), the group directors’ report of the holding company, or

(II) in the case of an exempted undertaking referred to in section 1594(2), the consolidated sustainability reporting of the third-country undertaking,

(iii) links to the website containing the assurance opinion referred to in section 1613(3) or paragraph (b), as applicable;

(iv) information confirming that the undertaking is an exempted undertaking;

(b) in the case of an exempted undertaking referred to in section 1594(2), the consolidated sustainability reporting of the third-country undertaking and the assurance opinion on that consolidated sustainability reporting, expressed by one or more persons or firms authorised to give an opinion on the assurance of sustainability reporting under the law governing that holding company, are published in accordance with Article 30 of the Accounting Directive and this Part;

(c) in the case of an exempted undertaking referred to in section 1594(2), the disclosures laid down in Article 8 of Regulation (EU) 2020/852, covering the activities carried out by the exempted undertaking and its subsidiary undertakings (if any), are included in the directors’ report of the exempted undertaking or in the consolidated sustainability reporting of the holding undertaking.

(2) Where the group directors’ report of the holding company or, where applicable, the consolidated sustainability reporting of the third-country undertaking, as referred to in subsection (1), is in a language other than the English language or the Irish language, there shall be annexed to the directors’ report of the exempted undertaking, a translation of the document concerned in the English language or the Irish language certified in the prescribed manner to be a correct translation.

(3) An exempted undertaking that stands exempted from the provisions of section 347 and 348 in accordance with section 357 shall not be obliged to provide the information referred to in subsection (1)(a)(i) to (iii) where it publishes a group directors’ report in accordance with those sections.

(4) In this Regulation, "exempted undertaking" means an applicable company referred to in section 1594(1) or (2).]

Annotations

Amendments:

F1071

Inserted (6.07.2024) by European Union (Corporate Sustainability Reporting) Regulations 2024 (S.I. No. 336 of 2024), reg. 24, in effect as per reg. 1(2).