Companies (Corporate Enforcement Authority) Act 2021


Number 48 of 2021


COMPANIES (CORPORATE ENFORCEMENT AUTHORITY) ACT 2021

REVISED

Updated to 11 June 2023


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 Regulated Professions (Health and Social Care) (Amendment) Act 2023 (14/2023), enacted 6 June 2023, and all statutory instruments up to and including the Companies (Corporate Enforcement Authority) Act 2021 (Section 35) (Commencement) Order 2023 (S.I. No. 292 of 2023), made 7 June 2023, 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 11 June 2023


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Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked.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 Regulated Professions (Health and Social Care) (Amendment) Act 2023 (14/2023), enacted 6 June 2023, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Companies (Corporate Enforcement Authority) Act 2021 (Section 35) (Commencement) Order 2023 (S.I. No. 292 of 2023)

Companies (Corporate Enforcement Authority) Act 2021 (Commencement) Order 2022 (S.I. No. 335 of 2022)

All statutory instruments up to and including Companies (Corporate Enforcement Authority) Act 2021 (Section 35) (Commencement) Order 2023 (S.I. No. 292 of 2023), made 7 June 2023, were considered in the preparation of this revision.


Number 48 of 2021


COMPANIES (CORPORATE ENFORCEMENT AUTHORITY) ACT 2021

REVISED

Updated to 11 June 2023


CONTENTS

PART 1

Preliminary and General

Section

1. Short title, collective citation and commencement

2. Definition

3. Repeal

PART 2

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

13. Savings

PART 3

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

PART 4

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

PART 5

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

PART 6

Consequential Amendment to Irish Collective Asset-management Vehicles Act 2015

36. Corporate Enforcement Authority

SCHEDULE 1

Insertion of Schedule 22 to Principal Act

SCHEDULE 2

Amendment of Principal Act in relation to References to Director of Corporate Enforcement



Number 48 of 2021


COMPANIES (CORPORATE ENFORCEMENT AUTHORITY) ACT 2021

REVISED

Updated to 11 June 2023


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: