Corporate Enforcement Authority: Difference between revisions
Spleodrach (talk | contribs) |
I've updated the article to reflect the change in name and composition, I've moved certain references to the ODCE to a new 'history' section (which should be updated with recent developments), and I've rewritten the opening to better reflect the new authority. |
||
| (45 intermediate revisions by 29 users not shown) | |||
| Line 1: | Line 1: | ||
{{Short description|Irish governmental office}} |
|||
| ⚫ | |||
{{Use dmy dates|date=April 2022}} |
|||
| ⚫ | The '''Office of the Director of Corporate Enforcement''' |
||
| ⚫ | |||
{{Infobox government agency |
|||
| ⚫ | |||
|agency_name = Corporate Enforcement Authority |
|||
|type = [[Public service bodies of the Republic of Ireland|State Agency]] of the [[Department of Enterprise, Trade and Employment]] |
|||
|logo = |
|||
|logo_width = |
|||
|logo_caption = |
|||
|seal = |
|||
|seal_width = |
|||
|seal_caption = |
|||
|formed = July 2022 |
|||
|preceding1 = Office of the Director of Corporate Enforcement |
|||
|preceding2 = |
|||
|preceding3 = |
|||
|dissolved = |
|||
|superseding = |
|||
|jurisdiction = [[Republic of Ireland|Ireland]] |
|||
|headquarters = 16 Parnell Square, Dublin 1, D01 W5C2 |
|||
|chief1_name = Ian Drennan |
|||
|chief1_position = Director of Corporate Enforcement |
|||
|chief2_name = |
|||
|chief2_position = |
|||
|employees = |
|||
|budget = |
|||
|parent_department = |
|||
|keydocument1 = Companies (Corporate Enforcement Authority) Act 2021 |
|||
|website = [https://cea.gov.ie/ CEA website] |
|||
|footnotes = |
|||
}} |
|||
The '''Corporate Enforcement Authority''' ('''CEA''') is the competent authority in [[Republic of Ireland|Ireland]] for the general promotion of compliance with the Companies Acts, the investigation of breaches of the Companies Acts and the taking of any necessary enforcement actions to ensure continued compliance. |
|||
| ⚫ | |||
| ⚫ | |||
| ⚫ | |||
* investigating and enforcing suspected breaches of the legislation |
* investigating and enforcing suspected breaches of the legislation |
||
| ⚫ | |||
| ⚫ | The director and his team operate on an independent basis with the aim of reducing personal and business risk and improving the overall standard of public compliance. The powers of the authority are set out in the Companies (Corporate Enforcement Authority) Act 2021 and has an annual operating budget of approximately €3 million. Many of the initiatives of the office are taken in the general public interest. |
||
| ⚫ | |||
The authority operates alongside the [[Companies Registration Office (Ireland)]], which is responsible for the registration of [[companies]], registering documentary filing and the enforcement of administrative breaches of company law. |
|||
| ⚫ | The |
||
==History== |
|||
| ⚫ | The '''Office of the Director of Corporate Enforcement''' was originally established in November 2001 as a consequence of the proceedings and the conclusions of various review groups, courts, tribunals of inquiry and parliamentary committees in recent years. These have revealed evidence that provisions in Irish company law and other legislation have been regularly breached and that some entities and individuals have not been called to account. The result is that various parties, e.g., the State, other businesses and consumers, have borne the cost of this misbehaviour and the associated business risks. Following a fundamental review, the Irish Government determined ''inter-alia'' that there were insufficient resources and legal instruments available to the State to supervise and enforce adherence to the requirements of company law and that it was necessary to correct these deficiencies in the public interest. |
||
==Compliance role== |
==Compliance role== |
||
The |
The director seeks to foster compliance with the law and the consequences of non-compliance through presentations, public communication, consultation with professional bodies and engagement with all branches of government that facilitate compliance. |
||
==Enforcement role== |
==Enforcement role== |
||
The investigative and enforcement role is quite extensive and encompasses<ref>{{cite web | title = Office of the Director of Corporate Enforcement, ''An Introduction'' | url = http://www.odce.ie/ |
The investigative and enforcement role is quite extensive and encompasses:<ref>{{cite web | title = Office of the Director of Corporate Enforcement, ''An Introduction'' | url = http://www.odce.ie/Portals/0/Documents/About%20the%20ODCE/odce_intro.pdf | access-date = 2013-12-12 | archive-date = 2015-09-24 | archive-url = https://web.archive.org/web/20150924054737/http://www.odce.ie/Portals/0/Documents/About%20the%20ODCE/odce_intro.pdf | url-status = live }}</ref> |
||
* the initiation of fact-finding company investigations. There were 2,111 new cases in 2005 (1,577 in 2004) |
* the initiation of fact-finding company investigations. There were 2,111 new cases in 2005 (1,577 in 2004) |
||
* prosecutions related to breaches of company law. There were 69 legal proceedings in 2005 (61 in 2004) |
* prosecutions related to breaches of company law. There were 69 legal proceedings in 2005 (61 in 2004) |
||
* the supervision of companies in liquidation or insolvent |
* the supervision of companies in liquidation or insolvent |
||
* the supervision of liquidators and receivers |
* the supervision of liquidators and receivers |
||
| ⚫ | |||
==See also== |
|||
| ⚫ | |||
* [[European corporate law]] (EU) |
|||
* [[Financial Conduct Authority]] (UK) |
|||
==References== |
==References== |
||
| Line 34: | Line 69: | ||
==External links== |
==External links== |
||
* [http://www.odce.ie/ Office of the Director of CorporateEnforcement OCDE)] |
* [http://www.odce.ie/ Office of the Director of CorporateEnforcement OCDE)] |
||
* [http://www.odce.ie/_fileupload/publications/2005_english_full.pdf/ OCDE 2005 Annual Report] |
* [http://www.odce.ie/_fileupload/publications/2005_english_full.pdf/ OCDE 2005 Annual Report]{{Dead link|date=April 2020 |bot=InternetArchiveBot |fix-attempted=yes }} |
||
* [http://www2.bailii.org/ British and Irish Legal Information Institute] Decisions of Courts and Tribunals |
* [http://www2.bailii.org/ British and Irish Legal Information Institute] Decisions of Courts and Tribunals |
||
{{Police services in Ireland}} |
|||
| ⚫ | |||
| ⚫ | |||
{{authority control}} |
|||
| ⚫ | |||
[[Category:Economy of the Republic of Ireland]] |
[[Category:Economy of the Republic of Ireland]] |
||
| ⚫ | |||
[[Category:Financial regulation]] |
|||
[[Category:Corporate social responsibility]] |
|||
[[Category:Regulation in Ireland]] |
|||
[[Category:Department of Enterprise, Trade and Employment]] |
|||
Latest revision as of 13:43, 30 July 2022
 |
| State Agency of the Department of Enterprise, Trade and Employment overview | |
|---|---|
| Formed | July 2022 |
| Preceding State Agency of the Department of Enterprise, Trade and Employment |
|
| Jurisdiction | Ireland |
| Headquarters | 16 Parnell Square, Dublin 1, D01 W5C2 |
| State Agency of the Department of Enterprise, Trade and Employment executive |
|
| Key document |
|
| Website | CEA website |
The Corporate Enforcement Authority (CEA) is the competent authority in Ireland for the general promotion of compliance with the Companies Acts, the investigation of breaches of the Companies Acts and the taking of any necessary enforcement actions to ensure continued compliance.
The current director is Ian Drennan. His 30-person team comprises accountants, lawyers and detectives from the National Economic Crime Bureau (GNECB). He is legally responsible for:
- encouraging compliance with company law
- investigating and enforcing suspected breaches of the legislation
- bringing to account those who disregard the law
The director and his team operate on an independent basis with the aim of reducing personal and business risk and improving the overall standard of public compliance. The powers of the authority are set out in the Companies (Corporate Enforcement Authority) Act 2021 and has an annual operating budget of approximately €3 million. Many of the initiatives of the office are taken in the general public interest.
The authority operates alongside the Companies Registration Office (Ireland), which is responsible for the registration of companies, registering documentary filing and the enforcement of administrative breaches of company law.
History
[edit]The Office of the Director of Corporate Enforcement was originally established in November 2001 as a consequence of the proceedings and the conclusions of various review groups, courts, tribunals of inquiry and parliamentary committees in recent years. These have revealed evidence that provisions in Irish company law and other legislation have been regularly breached and that some entities and individuals have not been called to account. The result is that various parties, e.g., the State, other businesses and consumers, have borne the cost of this misbehaviour and the associated business risks. Following a fundamental review, the Irish Government determined inter-alia that there were insufficient resources and legal instruments available to the State to supervise and enforce adherence to the requirements of company law and that it was necessary to correct these deficiencies in the public interest.
Compliance role
[edit]The director seeks to foster compliance with the law and the consequences of non-compliance through presentations, public communication, consultation with professional bodies and engagement with all branches of government that facilitate compliance.
Enforcement role
[edit]The investigative and enforcement role is quite extensive and encompasses:[1]
- the initiation of fact-finding company investigations. There were 2,111 new cases in 2005 (1,577 in 2004)
- prosecutions related to breaches of company law. There were 69 legal proceedings in 2005 (61 in 2004)
- the supervision of companies in liquidation or insolvent
- the supervision of liquidators and receivers
- the regulation of undischarged bankrupts acting as company officers
See also
[edit]References
[edit]- ^ "Office of the Director of Corporate Enforcement, An Introduction" (PDF). Archived (PDF) from the original on 24 September 2015. Retrieved 12 December 2013.
External links
[edit]- Office of the Director of CorporateEnforcement OCDE)
- OCDE 2005 Annual Report[permanent dead link]
- British and Irish Legal Information Institute Decisions of Courts and Tribunals
