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Dáil
‹ Ceisteanna—Questions. Oral Answers. - Company Law.

Implementation of EEC company-law directives

Summary

Bruton outlined plans to amend the Companies Act to implement EEC company-law requirements, with some measures possibly introduced first by regulation. The exchange focused on the draft Fourth Directive’s requirement to publish private-company accounts; Bruton said its timing and Irish implementation remained undecided and invited a separate question for his views on the draft.

asked the Minister for industry and Commerce if he intends to introduce legislation or take other steps to implement the EEC directives on company law in this country.

Comment on this

There are altogether eight EEC company law directives, either adopted or at various stages of preparation, which will require changes in company law. In addition, certain other EEC instruments will require additional changes. It is my intention that all of these requirements should ultimately be embodied in Bills amending the Companies Act, the first of which Bills I hope to introduce late this year or early next year. The timetable set for implementation of the various EEC requirements may, however, require that some may have to be implemented in the first place by regulations under the European Communities Acts, but these will in due course be subsumed in Companies Bills introduced in the Oireachtas in the normal way.

Comment on this

Is the Parliamentary Secretary aware that one of the existing directives which is in force for the Community generally, has been postponed in its operations for Ireland?

Comment on this

The fourth directive?

Comment on this

Part of it has been postponed for Ireland, namely the part relating to the publication of accounts of private limited companies. When is it proposed to bring this in? Is the Parliamentary Secretary aware that it is likely to cause considerable difficulty here because of our history of company law which is so different from what it is on the continent?

Comment on this

I think the Deputy is referring to the fourth directive which requires publication of the accounts of private companies. That is not yet in effect. It is expected that it will come into effect fairly soon.

Comment on this

In Ireland?

Comment on this

In the Community. It is not yet in effect in the Community.

Comment on this

Is it proposed to bring it into operation in Ireland at the same time as it will come into effect for the rest of the Community?

Comment on this

That is one of the matters which will have to be considered when the directive comes into being. In the first place, there will be a certain length of time for a decision here after the directive becomes effective at Community level as to the timing and nature of its implementation here. It is a matter which will be considered in due course. I should not like to commit myself, until I see the exact shape of the directive, as to the timing of the consequential Irish legislative provisions.

Comment on this

Is the Parliamentary Secretary aware that the terms of the directive have been published and would he give the House his views on the desirability or otherwise of the part which relates to the publication of accounts of private companies?

Comment on this

It has been published as a draft. I would be happy to give my views on the draft as it stands at present if the Deputy puts down a specific question on that matter.

Comment on this

The question is about that specific matter.

Comment on this

It is not. It is about the whole general question of company law.

Comment on this

It is about EEC directives on company law.

Comment on this

Of which there are eight. The Deputy is now asking me to give him my opinion on a specific part of one of the eight. If he wants that I will give it. He should put down a separate question.

Comment on this