Moriarty may get Ansbacher list in changes to law

The Moriarty tribunal is likely to be given a copy of the secret report into the Ansbacher deposits following an amendment to…

The Moriarty tribunal is likely to be given a copy of the secret report into the Ansbacher deposits following an amendment to company law introduced yesterday.

The amendment is one of a number of changes aimed at strengthening Irish company law which are to come into effect between now and early 2000 following the making of an order yesterday by the Minister for Enterprise, Trade and Employment, Ms Harney, which introduces most of the provisions of the Companies (Amendment) No 2 Act 1999.

Section 21 of the Companies Act 1990 has been amended to extend the number of persons or bodies to whom information obtained by an authorised officer, appointed by the minister, can be disclosed. The provision is retrospective in that it allows information already collected by authorised officers to be given to tribunals and other identified parties. This change, which has immediate effect, follows the Dail debate on the Ansbacher accounts' investigation. Deputies sought publication of the authorised officer's report, including the list of the names of the Ansbacher account holders.

But, under the old Section 21, the report of an authorised officer could not be published by the minister. It could only be provided to the minister for finance, the Central Bank, the Revenue commissioners, certain courts and the Director of Public Prosecutions.

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While the secrecy provisions have been maintained and the latest amendment does not provide for publication, reports can now be made available to Government ministers, a tribunal of inquiry, the takeover panel, the stock exchange, local authorities, health boards and accountancy or other professional organisations which may be contemplating disciplinary proceedings.

The amendment sets out specific reasons why a report could be made available to each category.

Other amendments covered in the Act include provisions to tackle the problems created by Irish registered non-resident companies, changes in the examinership rules and the removal of the statutory audit requirement for small companies.

From early in the new year, new non-resident companies registering will have to demonstrate that they have a legitimate activity in the State. They will have to have an Irish resident director or take out a £20,000 bond. And there will be a limit on the number of directorships that can be held by any one individual.

Provisions for striking companies off the Companies Register have been enhanced. Up to now, the Companies Registrar had to wait for two years before he could act. This has been reduced to one year and a company can now be struck off immediately for non-compliance with the new provisions.

Examinership - the mechanism for the rescue and return to health of ailing but potentially viable companies - will now be available to companies considered to have a "reasonable prospect of survival". Previously, companies could seek the appointment of an examiner where there was "some prospect" of survival.

In reaching its decision on whether to sanction the appointment of an examiner, the court will now be assisted by a report from an independent accountant. Creditors will receive additional protection by being guaranteed the right to be heard during the court hearing on the appointment of an examiner. These changes will come into effect from February 1st, 2000.

Private limited companies and partnerships which meet certain criteria will no longer be required to have an annual statutory audit of their accounts. The relaxation of the audit requirement comes into effect from February 21st, 2000.

To qualify companies must have an annual turnover of not more than £250,000, a balance sheet total of not more than £1,500,000 and not more than 50 employees. Directors of these companies will still be required to prepare annual accounts and to submit these accounts to the Companies Registration Office. This provision is aimed at reducing the administrative burden on certain small limited private companies and is one of the commitments contained in Partnership 2000. However, where 10 per cent or more of the shareholders of these companies want an annual audit, they can object to the company availing of the audit exemption. The shareholders rights section of the Act came into effect yesterday to allow shareholders time to serve notice of their objection.

Other changes will allow investment companies, which are authorised and supervised by the Central Bank and located in the International Financial Services Centre to be exempt from some basic company law provisions.