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New Company Law Provisions

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New Company Law Provisions

Company Law Reforms have now come into effect under the Companies (Corporate Governance, Enforcement and Regulatory Provisions) Act 2024. This Act allows companies to hold virtual AGMs.

The Act also strengthens the State’s capability when investigating Company Law breaches with increased powers to investigate evidence of corporate wrongdoing.

New Company Law Revisions FAQ’s

“Executing Documents Under Seal in Counterpart” refers to a legal procedure related to how companies can sign and execute documents, especially official ones that require a seal.

Initially implemented as a temporary solution during the pandemic, the ability to sign documents with a company’s common seal in counterparts has now been made permanent. While this provision has been widely embraced, it does not alter any specific statutory sealing requirements stated in a company’s constitution. Even if a company’s constitution allows for a single signature to apply the seal, an extra countersignature is still necessary to use this option.

This flexibility is especially useful when a company’s seal and its authorized signatories are in different locations, and it also allows for electronic signatures.

Another pandemic-era measure that has been made permanent is the allowance for companies to hold general meetings virtually or in a hybrid format. This popular provision enhances flexibility, enabling participants to attend meetings from various locations.

Under the former Companies Act 2014, at least one company involved in a domestic merger had to be a Limited Company (LTD). The 2024 Act eliminates this stipulation, permitting domestic mergers to take place exclusively between Designated Activity Companies (DACs). Furthermore, wholly-owned subsidiary companies can now merge through a single absorption process, which simplifies what used to require multiple mergers.

These modifications are beneficial developments that alleviate logistical challenges and enable companies to streamline their merger processes.

The grounds for involuntary strike-off by the Registrar will now include:

  • Failure to confirm the registered office
  • Failure to appoint a company secretary
  • Non-compliance with beneficial ownership registration requirements

If you would like to know more about this, please call us today to arrange a consultation. Please telephone Eoin Powderly on: +353 1 6284333 or email: contactus@powderlysolicitors.ie

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