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Corporate & Commercial


June 2004 - New Consumer Product Safety legislation in force.

On the 4th May 2004 Regulations transposing the General Product Safety Directive (95/2001) were enacted, replacing the previous regulations dating from 1997. These Regulations have important implications for manufacturers and distributors of consumer products.

Directors and officers of corporate entities that are either manufacturers
or distributors of consumer products should be aware of the risk of
individual prosecution in the case of breach of the Regulations in
certain circumstances.


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The Companies (Auditing and Accounting) Act, 2003 becomes law - Adding to the Existing Corporate Compliance Regime

On the 23rd December 2003 the Companies (Auditing and Accounting) Act, 2003 ("the Act") became law.

All the provisions of the Act require the Minister for Enterprise Trade and Employment ("the Minister") to specify in regulations commencement dates before the provisions of the Act become effective and, to date, no sections of the Act have commenced.

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Company Law - Compliance and Enforcement - An update

Company directors and officers should be aware of the key provisions contained in the Company Law Enforcement Act, 2001, as well as the new obligations proposed by the Companies (Audit and Accountancy) (Amendment) Bill, 2002.

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New Merger Notification Regime comes into force

The New Regime

The new Merger Notification regime provided for under Part 3 of the Competition Act, 2002 came into force on the 1st of January 2003.

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Annual Returns: Recent Changes in Irish Company Law

The Company Law Enforcement Act 2001 ("the Act") introduced very important changes regarding the filing of annual returns and audited accounts for companies. Considering the serious nature of the sanctions for failure to comply with the Act and bearing in mind to the powers vested in the Director of Corporate Enforcement, all company officers need be aware of and must ensure compliance with these new requirements.

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Late Payers Beware!

The Late Payments Directive 2002, which will permit businesses to automatically claim interest on "late payments" where an invoice is not paid on the due date, was due to come into effect across the EU on the 7th August 2002. The Directive states that payment of an invoice is deemed to be late if it is not paid within 30 days of the receipt of the invoice, or the goods, the service, or the specified contract payment date. Suppliers will be entitled to interest on late payments at the rate of 7% per annum above the European Central Bank main refinancing rate, which is currently 10.25% per annum.

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Company Law Enforcement Act, 2001

The provisions of the Company Law Enforcement Act, 2001 ("the Act") herald a new era in relation to corporate enforcement. Although the Act became law on the 9th July 2001, it did not take effect until the Minister for Enterprise, Trade and Employment issued the relevant regulations. The relevant Commencement Orders are S. I. No. 391 of 2001, S. I. No. 438 of 2001, S. I. No. 523 of 2001 and S. I. No. 524 of 2001.

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Conversion of Share Capital to Euros

As a consequence of the enactment of the Economic and Monetary Union Act, 1998 and the provisions of the EU Directives 1103/97 and 974/98 Irish corporates are obliged to convert their share capitals to Euros. There is a transitionary period running from the 1st January 1999 to the 31st December 2001, during which period, Irish corporates can voluntarily convert their share capital to Euros. As and from the 1st January 2002, this conversion to Euros will be mandatory.

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kilroys solicitors irish ireland law legal library international publication
kilroys solicitors irish ireland law legal library international publication