Companies Act 2014

F338 [ Publication of relevant sanction imposed on specified person, etc.

934F.

934F. (1) Subject to subsections (2) and (3) , the Supervisory Authority shall, in so far as a relevant decision imposes a relevant sanction on a specified person, as soon as is practicable after

(a) that decision has been confirmed by the court as referred to in section 941(4A) , or

(b) a decision of the court under section 941(2)(b) has been made to impose a different relevant sanction on the specified person,

publish on its website particulars of the relevant contravention for which the relevant sanction was imposed, particulars of the relevant sanction imposed and particulars of the specified person on whom the relevant sanction was imposed.

(2) Subject to subsection (4) , if there is an appeal to the court from a confirmation referred to in subsection (1)(a) , or a decision referred to in subsection (1)(b) , the Supervisory Authority shall, as soon as may be, as it considers appropriate, publish particulars on its website of the status or outcome of the appeal.

(3) The Supervisory Authority shall publish the particulars, comprising a public notice of a relevant sanction imposed, on an anonymous basis on its website in any one or more of the following circumstances:

(a) the Supervisory Authority, following an assessment of the proportionality of the publication of those particulars in accordance with subsection (1) in so far as personal data are concerned, is of the opinion that, in relation to the relevant sanction imposed on a specified person who is an individual, such publication would be disproportionate;

(b) the Supervisory Authority is of the opinion that the publication of those particulars in accordance with subsection (1 ) would jeopardise the stability of financial markets or an ongoing criminal investigation;

(c) the Supervisory Authority is of the opinion that the publication of those particulars in accordance with subsection (1) would cause disproportionate damage to the specified person.

(4) Subsection (2) shall not apply in any case where subsection (3) applies.

(5) The Supervisory Authority shall ensure that particulars published on its website in accordance with subsection (1) or (2) remain on its website for at least 5 years. ]

Annotations

Amendments:

F338

Inserted (21.09.2018) by Companies (Statutory Audits) Act 2018 (22/2018), s. 35, S.I. No. 366 of 2018.