Recent Legislation:
The Companies (Corporate Governance, Enforcement and Regulatory Provisions) Bill 2024 which was recently signed into law by the President of Ireland on November 12 after it was passed in the Dáil and Seanad, aims to modernise and enhance the regulatory framework for companies and industrial societies in Ireland, focusing on several key areas:
1. Electronic Meetings: It allows companies and industrial societies to conduct and participate in general meetings through electronic communication technology.
2. Audit Exemption: It outlines conditions under which a company is no longer entitled to an audit exemption under the Companies Act 2014.
3. Criminal Law Adjustments: The Bill removes the application of the Probation of Offenders Act 1907 to offences under the Companies Act, strengthening enforcement measures.
4. Rescue Process for Small Businesses: It introduces amendments to improve the rescue process for small and micro companies.
5. Involuntary Strike-Off: It expands the grounds for involuntary strike-off of companies.
6. Authority Disclosures: It broadens the list of competent authorities that the Corporate Enforcement Authority (CEA) may disclose information to.
7. Offences Against CEA Officers: The Bill establishes an offence for obstructing or interfering with officers of the CEA.
8. Auditing Oversight: It enables the Irish Auditing and Accounting Supervisory Authority (IAASA) to use funds from its reserve in its regulatory functions and issue interim directions in specific circumstances.
9. Information Sharing: It facilitates the disclosure of information to the Corporate Enforcement Authority by specified bodies.
10. Amendments to Existing Acts: The Bill amends the Companies Act 2014, the Industrial and Provident Societies Act 1893, and the Registration of Business Names Act 1963 to implement these changes.
In essence, this legislation aims to update company law, improve corporate governance, and enhance regulatory enforcement in Ireland.
Workplace relations (exemplary damages, unfair dismissals and other provisions) Bill 2024
This Bill aims to:
1. Allow adjudication officers of the Workplace Relations Commission and the Labour Court to award exemplary damages in certain cases.
2. Make non-disclosure agreements (NDAs) unenforceable against employees who have not received independent legal advice.
3. Update the Unfair Dismissals Act 1977 to better align with the EU Directive (2019/1152) on transparent and predictable working conditions.
4. Address related matters.
This Bill is currently at its second stage in the Seanad.