Companies (Amendment) Act 2009

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Number 20 of 2009


COMPANIES (AMENDMENT) ACT 2009


ARRANGEMENT OF SECTIONS

Section

1. Definitions.

2. Amendment of section 194 of Principal Act.

3. Amendment of section 371A of Principal Act.

4. Amendment of section 19 of Act of 1990.

5. Amendment of section 20 of Act of 1990.

6. Amendment of section 23 of Act of 1990.

7. Amendment of section 40 of Act of 1990.

8. Disclosure of loans, etc., — amendment of exceptions applicable to directors of licensed banks and provisions as to offences and other matters.

9. Amendments of other provisions of Act of 1990 concerning licensed banks and disclosure of loans, etc.

10. Amendment of sections 43 and 44 of Companies (Amendment) (No. 2) Act 1999.

11. Short title and construction.


Acts Referred to

Central Bank Acts 1942 to 1998

Central Bank and Financial Services Authority of Ireland Acts 2003 and 2004

Companies Act 1963

1963, No. 33

Companies Act 1990

1990, No. 33

Companies (Amendment) (No. 2) Act 1999

1999, No. 30

Company Law Enforcement Act 2001

2001, No. 28

Companies (Auditing and Accounting) Act 2003

2003, No. 44

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Number 20 of 2009


COMPANIES (AMENDMENT) ACT 2009


AN ACT TO REMOVE CERTAIN EXCEPTIONS CONTAINED IN THE COMPANIES ACTS THAT APPLY IN THE CASES OF COMPANIES HOLDING LICENCES UNDER SECTION 9 OF THE CENTRAL BANK ACT 1971 (OR HOLDING COMPANIES OF SUCH COMPANIES) REGARDING DISCLOSURE OF LOANS TO DIRECTORS AND TRANSACTIONS OF AN ANALOGOUS NATURE, TO OTHERWISE AMEND THE COMPANIES ACTS IN RESPECT OF LOANS BY COMPANIES (OF WHATEVER TYPE) TO DIRECTORS OR CERTAIN RELATED PARTIES AND TRANSACTIONS OF AN ANALOGOUS NATURE AND, IN PARTICULAR, TO AMEND SECTION 40 OF THE COMPANIES ACT 1990 CONCERNING CRIMINAL LIABILITY IN THAT REGARD, TO CONFER ADDITIONAL POWERS ON THE DIRECTOR OF CORPORATE ENFORCEMENT WITH RESPECT TO ACCESS TO INFORMATION IN THE POSSESSION OF COMPANIES, INCLUDING INFORMATION KEPT BY THEM IN CERTAIN REGISTERS OR BOOKS, OR IN THE POSSESSION OF THIRD PARTIES, TO AMEND SECTIONS 20 AND 23 OF THE COMPANIES ACT 1990 IN RELATION TO SEARCH WARRANTS AND PROCEDURES TO BE FOLLOWED IN CASES OF CLAIMS OF LEGAL PROFESSIONAL PRIVILEGE, TO AMEND SECTIONS 43 AND 44 OF THE COMPANIES (AMENDMENT) (NO. 2) ACT 1999 AND TO PROVIDE FOR RELATED MATTERS.

[12th July, 2009]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: