Companies (Corporate Enforcement Authority) Act 2021
Number 48 of 2021
COMPANIES (CORPORATE ENFORCEMENT AUTHORITY) ACT 2021
REVISED
Updated to 7 July 2022
This Revised Act is an administrative consolidation of the Companies (Corporate Enforcement Authority) Act 2021. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including the Eirgrid, Electricity and Turf (Amendment) Act 2022 (17/2022), enacted 7 July 2022, and all statutory instruments up to and including the Companies Act 2014 (Corporate Enforcement Authority) (Establishment Day) Order 2022 (S.I. No. 337 of 2022), made 6 July 2022, were considered in the preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to
revisedacts@lawreform.ie.
Number 48 of 2021
COMPANIES (CORPORATE ENFORCEMENT AUTHORITY) ACT 2021
REVISED
Updated to 7 July 2022
Introduction
This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.
Related legislation
Irish Collective Asset-management Vehicles Acts 2015 to 2021: this Act, Part 6, is one of a group of Acts included in this collective citation, to be construed together as one (Companies (Corporate Enforcement Authority) Act 2021 (48/2021), s. 1(2)). The Acts in this group are:
• Irish Collective Asset-management Vehicles Act 2015 (2/2015)
• Investment Limited Partnerships (Amendment) Act 2020 (31/2020), Part 3
• Companies (Corporate Enforcement Authority) Act 2021 (48/2021), Part 6
Annotations
This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.
An explanation of how to read annotations is available at
www.lawreform.ie/annotations.
Material not updated in this revision
Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.
Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.
A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at
www.irishstatutebook.ie.
Acts which affect or previously affected this revision
• Redundancy Payments (Amendment) Act 2022 (3/2022)
All Acts up to and including Eirgrid, Electricity and Turf (Amendment) Act 2022 (17/2022), enacted 7 July 2022, were considered in the preparation of this revision.
Statutory instruments which affect or previously affected this revision
• Companies (Corporate Enforcement Authority) Act 2021 (Commencement) Order 2022 (S.I. No. 335 of 2022)
All statutory instruments up to and including Companies Act 2014 (Corporate Enforcement Authority) (Establishment Day) Order 2022 (S.I. No. 337 of 2022), made 6 July 2022, were considered in the preparation of this revision.
Number 48 of 2021
COMPANIES (CORPORATE ENFORCEMENT AUTHORITY) ACT 2021
REVISED
Updated to 7 July 2022
CONTENTS
Preliminary and General
Section
1. Short title, collective citation and commencement
Amendment of Principal Act - Corporate Enforcement Authority
4. Amendment of section 2 of Principal Act
5. Amendment of section 12 of Principal Act
6. Amendment of section 930A of Principal Act
7. Amendment of section 930B of Principal Act
8. Amendment of section 936A of Principal Act
9. Amendment of section 936B of Principal Act
10. Amendment of Part 15 of Principal Act
11. Amendment of Principal Act - insertion of Schedule 22
12. Amendment of Principal Act in relation to references to Director
Amendment of Principal Act - Share Capital
14. Amendment of section 71 of Principal Act
15. Amendment of section 82 of Principal Act
16. Amendment of section 91 of Principal Act
17. Amendment of section 106 of Principal Act
18. Amendment of section 109 of Principal Act
19. Amendment of section 123 of Principal Act
20. Amendment of section 480 of Principal Act
21. Amendment of section 503 of Principal Act
22. Amendment of section 1043 of Principal Act
23. Amendment of section 1045 of Principal Act
24. Amendment of section 1087A of Principal Act
25. Amendment of section 1230 of Principal Act
Amendment of Principal Act - Corporate Governance
26. Amendment of section 131 of Principal Act
27. Amendment of section 151 of Principal Act
28. Amendment of section 184 of Principal Act
29. Amendment of section 930 of Principal Act
30. Disapplication of section 181(5)(d) in respect of certain CLGs
Amendment of Principal Act - Miscellaneous
31. Amendment of section 198 of Principal Act
32. Amendment of section 633 of Principal Act
33. Amendment of section 681 of Principal Act
34. Amendment of section 819 of Principal Act
35. Cases in which director must supply certain data
Consequential Amendment to Irish Collective Asset-management Vehicles Act 2015
36. Corporate Enforcement Authority
Insertion of Schedule 22 to Principal Act
Amendment of Principal Act in relation to References to Director of Corporate Enforcement
Acts Referred to
Civil Service Regulation Act 1956 (No. 46)
Civil Service Regulation Acts 1956 to 2005
Companies Act 2014 (No. 38)
Comptroller and Auditor General (Amendment) Act 1993 (No. 8)
European Parliament Elections Act 1997 (No. 2)
Irish Collective Asset-management Vehicles Act 2015 (No. 2)
Irish Collective Asset-management Vehicles Acts 2015 and 2020
Public Service Management (Recruitment and Appointments) Act 2004 (No. 33)
Public Service Superannuation (Miscellaneous Provisions) Act 2004 (No. 7)
Social Welfare Consolidation Act 2005 (No. 26)
Taxes Consolidation Act 1997 (No. 39)
Number 48 of 2021
COMPANIES (CORPORATE ENFORCEMENT AUTHORITY) ACT 2021
REVISED
Updated to 7 July 2022
An Act to amend the Companies Act 2014 to establish a body to be known as An tÚdarás um Fhorfheidhmiú Corparáideach or, in the English language, the Corporate Enforcement Authority, to replace, and perform the functions previously performed by, the Director of Corporate Enforcement; to make provision for certain other amendments to that Act relating to the share capital of companies or the corporate governance of companies; to make consequential amendments to that Act and the Irish Collective Asset-management Vehicles Act 2015; and to provide for related matters.
[22nd December, 2021]
Be it enacted by the Oireachtas as follows: