Statutory Power of the Office of the Director of Corporate Enforcement

Statutory Power of the Office of the Director of Corporate Enforcement

The Director and, where appropriate, his designated officers, have wide and extensive powers under the Companies Acts. These include:

  • The power to demand of auditors who have made an indictable offence report under section 194(5)Companies Act 1990, any further information in their possession or control relation to the matter, as well as access to books and documents in their possession or control.
  • The power, on obtaining a warrant, to enter and search a premises and seize and retain any material information found on the premise or in the custody or possession of any person found on the premises.
  • The power to apply to the High Court for an order directing a company or any officer to make good any default in compliance with any provision of the Companies Act.
  • The power, if there are circumstances suggesting that it is appropriate, to require any body to produce such books or documents as may be specified and where necessary to take copies or extracts from them.
  • The power to apply to the High Court for an inspector to be appointed to investigate the affairs of a company.
  • The power to appoint an inspector to investigate and report on the membership of a company.
  • The power to inspect and take copies of the minutes of proceedings of meetings of the company and its directors.
  • The power to demand production of the register of directors' interests in contracts made by the company.
  • The power on application to the court, to inspect the books of any company that is subject of a winding up order or in voluntary winding-up.
  • The power to request the production of a receiver's books.
  • The power, on showing cause, and on application to the High Court, to obtain an order restraining directors from reducing their assets within or outside the State.

Please feel free to contact us on 01-4900881 if you require any further information on the above article or if any of the issues affect you.

Michael O'Shea and Co. Solicitors

291 Templeogue Road,
Dublin 6W.
Eircode: D6W EW97

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Telephone: 01 490 0881

E-mail: michael.oshea@oshea.ie

 

       

 

Directions

While travelling on the M50 at junction 11, exit toward Tallaght Rd/R137. Travel for 0.9 km, keeping left and following signs for N81/City Centre/Templeogue and merge onto Tallaght Rd/R137.

Continue to follow R137 for 1.2 km and at the roundabout, take the 2nd exit onto Templeogue Rd/R137 and the office is on the left.

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