Company and Corporate Law
From Department of Enterprise, Trade and Employment
Published on
Last updated on
From Department of Enterprise, Trade and Employment
Published on
Last updated on
Company law provides the legislative framework for the structure and operation of companies registered in Ireland, whether domestic or foreign.
It seeks to ensure a balance between simplifying the day-to-day running of a business; maintaining necessary protections for those dealing with companies, such as creditors and investors; and putting in place an effective corporate governance regime to ensure compliance. This law is contained in the Companies Act 2014 and related statutory instruments. Some company law derives from EU legislation. A similar regime applies to industrial and provident and friendly societies.
The Companies Act 2014 consolidates the existing 17 Companies Acts, which date from 1963 to 2013, into one Act and it also introduced a number of reforms, which are designed to make it easier to operate a company in Ireland.
The Act provides significant benefits to companies by reducing unnecessary bureaucracy and making company law obligations easier to understand. This landmark legislative project, which is the largest substantive Act in the history of the State, brings significant benefits to companies of all types throughout the country, and is part of the Government’s drive to make Ireland the best small country in the world in which to do business.
The Act came into effect on 1 June, 2015. Set out in 25 Parts, 1,448 sections and 17 Schedules, the Companies Act 2014 provides for a number of different company types and provides for company incorporation, everyday administration and management, to winding up and dissolution. The Act incorporates the rights and duties of its officers, shareholders and members as well as creditors.
Our main role is to advise and assist the Minister in relation to carrying out the statutory responsibilities under the Companies Acts and provide a liaison service for the company law regulatory bodies.
Our role includes:
Preparation and drafting of legislation in relation to company law (auditing) and company law (accounting); the negotiation of EU proposals in these areas of company law and the transposition of EU proposals into domestic law.
The Company Law Review Group’s Secretariat is located in the Department. The Company Law Review Group is a statutory advisory expert body charged with advising the Minister on the review and development of company law in Ireland.
The Company Law Review Group’s Secretariat is located in the department. The Company Law Review Group is a statutory advisory expert body charged with advising the Minister on the review and development of company law in Ireland.
The Company Law Review Group’s Secretariat supports the work of the Review Group in making recommendations to the Minister for changes to company law. The Secretariat also acts as the liaison between the Review Group and the Minister. The Company Law Review Group operates on a two-yearly cycle.
Contact the Secretariat:
Deirdre Morgan
Tel: +353 87 1493114
Email: deirdre.morgan@enterprise.gov.ie
Dan O’Neill
Tel: +353 1 631 2714
Email: dan.oneill@enterprise.gov.ie
Website: clrg.org
The Companies (Rescue Process for Small and Micro Companies) Act 2021 provides for a dedicated rescue process for small and micro companies, namely the 'Small Companies Administrative Rescue Process (SCARP)'.
We have responsibility for the following:
policy in relation to the Companies Registration Office (CRO) and Registry of Friendly Societies (RFS), including progressing any legislative change. We also have a monitoring and oversight function in relation to the CRO, RFS and the Registrar of Beneficial Ownership (RBO)
legislative reform: updating and modernising the legislation in relation to Industrial and Provident Societies (Co-operatives) and Trade Union registration.