Only certain persons are disqualified from being Company Secretary. This includes; Undischarged Bankrupt – S.132 CA2014 Statutory Auditor of the Company Someone who falls into the disqualified person category sunder S.838 CA2014 While not prohibited, it is best practice that a restricted person is not a Company Secretary. Unless the ex-Director falls under these categories […]
The constitution of the Company and any shareholders agreement should be reviewed to see if any clauses relate to holding EGMs or that disapply written resolutions of the members. If it is not disapplied then a written resolution if sufficient. Just to flag, an ordinary resolution this is not required to be filed with the […]
Question: We need to get the approval from shareholders for a transaction in a company. Would this mean that we we would need to hold an EGM and would a written resolution be sufficient? Answer: The constitution of the Company and any shareholders agreement should be reviewed to see if any clauses relate to […]
Question: Company A and Company B each own 50% shares in Company C. Company A is owned 100% by Director A and he is the sole Director of Company A. Company B is owned 100% by Director B and he is the sole Director of Company B. Director A and Director B are the two […]
S.358, Companies Act 2014 sets out that a company qualifies for audit exemption if it meets the requirements of the small companies regime as stated in Section 280A to 280C of Companies Act 2014 as inserted by Section 15 of Companies (Accounting) Act 2017. These thresholds mandatorily apply for all periods beginning on or after 1 January 2017 but […]
S.307(5) Companies Act 2014 details the disclosure requirements for guarantees and security. The disclosures required are: (a) the name of the person for whom the arrangements were made and where that person is or was connected with a director of the company or undertaking, the name of the director, (b) the amount of the maximum […]
Disclosures required for the current and preceding year, includes material transactions between the company or its subsidiaries and a director of a company in which the director is interested in other than the exceptions that follow (directors other than the directors who has the interest should assess whether it is material) – S.309 Companies Act 2014. […]
Section 226 deals with the duties of Secretary – the secretaries duties include: those duties delegated by the board the directors have a duty to ensure the person appointed as secretary has the necessary resources available to procure the maintenance of the records (other than accounting records) required under the act Secretaries acknowledge responsibility upon acceptance […]
Section 226 deals with the duties of Secretary – the secretaries duties include: those duties delegated by the board the directors have a duty to ensure the person appointed as secretary has the necessary resources available to procure the maintenance of the records (other than accounting records) required under the act Secretaries acknowledge responsibility upon acceptance […]
Long Question Can you please confirm the filings needed when an auditor is not reappointed. Ie I know if an auditor resigns, its S400, If not reappointed due to audit exemption its S399 But what is it, where the company is still under audit, auditor does not voluntary resign and is simply replaced with a […]
The four categories and the respective implications for a breach of each of these offences are: – Category 1 offence – This is an offence which could give rise to either: On summary conviction a class A fine of €5,000 and/or a prison term not exceeding 12 months; or On conviction on indictment, a fine […]
The four categories and the respective implications for a breach of each of these offences are: – Category 1 offence – This is an offence which could give rise to either: On summary conviction a class A fine of €5,000 and/or a prison term not exceeding 12 months; or On conviction on indictment, a fine […]
Unless the loan is in writing in an unambiguous form on taking of civil proceedings these loans are not deemed to be loans (S.237(3) Companies Act 2014) and where it is proven in civil proceedings that a loan exists, then it is assumed that they bear no interest and are subordinate to all other debts […]
Question One of our clients – a large construction company – has not formed an Audit committee for many years and the same is highlighted to them in the management letter. In the directors Report, their contention is that the Audit committee is under consideration but that has been the case for quite a few […]
Question One of our clients – a large construction company – has not formed an Audit committee for many years and the same is highlighted to them in the management letter. In the directors Report, their contention is that the Audit committee is under consideration but that has been the case for quite a few […]