Company law may reveal secrets of Ansbacher accounts

Most political debate has centred on the inquiry by the Moriarty tribunal into the Ansbacher accounts

Most political debate has centred on the inquiry by the Moriarty tribunal into the Ansbacher accounts. It is becoming increasingly clear, however, that an investigation initiated by the Tanaiste, Ms Harney, could also be a way to uncover much of the operations of the controversial deposits and many of the beneficiaries.

Ms Harney has used the powers under the 1990 Companies' Act to appoint an authorised officer to the two Irish banks which held the Ansbacher accounts - Guinness & Mahon and Irish Intercontinental Bank. This officer was appointed to investigate any breaches of company, tax or exchange control law in the way the accounts operated.

The authorised officer, Mr Gerard Ryan, has already received information from Guinness & Mahon and Irish Intercontinental Bank is also expected to furnish him with the required data. Once his report is complete - probably in a couple of months - Ms Harney could then opt to seek the appointment of an inspector to investigate further and publish a report.

However, another route would also be open to the Tanaiste. Under the 1990 Act, she can bring summary proceedings for any alleged breach of company law. If she felt there were such breaches in the operation of the accounts, this would be a way of pursuing the matter while - crucially - also bringing many of the details of the accounts into open court.

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It remains to be seen what the officer will uncover in relation to the operation of the accounts. And it must be recalled that the McCracken tribunal found that the full workings of the accounts and the details of their beneficiaries were known to very few people and that the general management of the two banks did not know the purpose of the accounts.

The 1990 Act carries many obligations for companies. These include the requirement to keep proper books of account on behalf of company officers and the requirement that their auditors ensure this happens and take appropriate action if it does not. And of course the tax liabilities in areas such as DIRT related to the Ansbacher accounts still have to be clarified.

Meanwhile yesterday, the Minister for Finance, Mr McCreevy, revealed that he had passed information given to him by the Central Bank to the Director of Public Prosecutions. It is also open to Ms Harney to do likewise with any information she uncovers, or to alert the Revenue Commissioners.

In short, a number of legal routes are now opening up to investigate the Ansbacher accounts and to open their secrets to public examination.