Written answer
Company Registration
1035. Deputy Paul Nicholas Gogarty asked the Minister for Enterprise, Tourism and Employment if he will consider requiring enhanced transparency in company registration for construction sector businesses, including mandatory disclosure of previous trading names, directors, beneficial owners and any outstanding consumer liabilities; and if he will make a statement on the matter. [61232/26]
Comment on this
Applications for company incorporation must contain a range of material including details of the company directors. This includes information on other directorships held by the directors. In addition, a company is required to file details of beneficial ownership with the Register of Beneficial Ownership of Companies and Industrial and Provident Societies (RBO) within 5 months of incorporation and keep that information accurate and up to date.
These provisions apply to companies irrespective of the nature of their activities and there are no sector-specific requirements under company law on the establishment of new businesses.
With regard to those who may have had involvement in other companies, it should be noted that each company has obligations under company law. There are clear legal duties that directors have in respect of insolvency, as well as specific provisions in relation to reckless and fraudulent trading. Under the Companies Act 2014, liquidators of insolvent companies are required to investigate the circumstances of the insolvency, including the conduct of the company's directors, and report their findings to the Corporate Enforcement Authority.
Company law provides mechanisms to investigate the conduct of directors and to impose restrictions or disqualifications where misconduct is identified. Directors may be restricted or disqualified for a range of misconduct, including failure to keep proper accounting records, reckless or fraudulent trading, failure to have regard to the interests of creditors in the period prior to the company going into liquidation, or other conduct demonstrating that they have not acted honestly and responsibly.
Concerns regarding potential breaches of obligations under company law should be brought to the attention of the Corporate Enforcement Authority.