Companies Act 2014

F378 [ Publication of relevant sanction imposed on relevant director

957F.

957F. (1) Subject to subsections (2) and (3) , the Director shall, in so far as a relevant decision imposes a relevant sanction on a relevant director, as soon as is practicable after

(a) that decision has been confirmed by the court as referred to in section 957I(4) , or

(b) a decision of the court under section 957I(2)(b) has been made to impose a different relevant sanction on the relevant director,

publish on his or her website particulars of the relevant contravention to which the relevant sanction relates, particulars of the relevant conduct, particulars of the relevant sanction imposed and particulars of the relevant director 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 Director shall, as soon as may be, as he or she considers appropriate, publish particulars on his or her website of the status or outcome of the appeal.

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

(a) the Director, 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 the relevant director, such publication would be disproportionate;

(b) the Director 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 Director is of the opinion that the publication of those particulars in accordance with subsection (1) would cause disproportionate damage to the relevant director.

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

(5) The Director shall ensure that particulars published on his or her website in accordance with subsection (1) or (2) remain on his or her website for at least 5 years.

(6) The Director shall, as soon as is practicable after publishing a public notice of a relevant sanction imposed in relation to a relevant director, give particulars of the relevant director and of the relevant sanction imposed to the Supervisory Authority. ]

Annotations

Amendments:

F378

Inserted (21.09.2018) by Companies (Statutory Audits) Act 2018 (22/2018), s. 45, S.I. No. 366 of 2018.