Companies Act 2014

949.

Functions of Director

949. (1) The functions of the Director are—

(a) to encourage compliance with this Act,

(b) to investigate—

(i) instances of suspected offences under this Act, and

(ii) instances otherwise of suspected non-compliance with this Act or with the duties and obligations to which companies and their officers are subject,

(c) to enforce this Act, including by the prosecution of offences by way of summary proceedings,

(d) at his or her discretion, to refer cases to the Director of Public Prosecutions where the Director has reasonable grounds for believing that an indictable offence under this Act has been committed,

(e) to exercise, in so far as the Director considers it necessary or appropriate, a supervisory role over the activity of liquidators and receivers in the discharge of their functions under this Act,

(f) for the purpose of ensuring the effective application and enforcement of obligations, standards and procedures to which companies and their officers are subject, to perform such other functions in respect of any matters to which this Act relates as the Minister considers appropriate and may by order confer on the Director,

(g) to act under Chapter 2 as a member of the Supervisory Authority and, if appointed under section 907 , act as a director of that body, and

(h) to perform such other functions for a purpose referred to in paragraph (f) as may be assigned to the Director under this Act or any other Act of the Oireachtas.

F371 [ (1A) Sections 930A and 930D make additional provision with regard to the performance of functions by, amongst others, the Director. ]

(2) The Director may do all such acts or things as are necessary or expedient for the performance of his or her functions under this Act or any other Act.

(3) The Director shall be independent in the performance of his or her functions.

(4) The Director may perform such of his or her functions as he or she thinks fit through an officer of the Director and in the performance of those functions the officer shall be subject to the directions of the Director only.

Annotations

Amendments:

F371

Inserted (21.09.2018) by Companies (Statutory Audits) Act 2018 (22/2018), s. 44, S.I. No. 366 of 2018.

Modifications (not altering text):

C162

Functions of Director of Corporate Enforcement extended (12.03.2015) by Irish Collective Asset-management Vehicles Act 2015 (2/2015), s. 192(2), S.I. No. 85 of 2015; this section commenced (1.06.2015) by Companies Act 2014 (Commencement) Order 2015 (S.I. No. 169 of 2015).

Director of Corporate Enforcement

192.(1) Sections 953, 956 and 957 of the Companies Act 2014 have effect as if references to that Act included this Act.

(2) Without prejudice to the generality of subsection (1), and in addition to the functions under section 949 of the Companies Act 2014 , the Director of Corporate Enforcement may perform the functions conferred on the Director of Corporate Enforcement by this Act and do such acts or things as are necessary or expedient in the performance of those functions.