Committee Reports::Report and Proceedings - Companies Bill, 1962::20 November, 1963::Proceedings of the Joint Committee

IMEACHTAÍ AN CHOISTE SPEISIALTA.

PROCEEDINGS OF THE SPECIAL COMMITTEE.

Dé Céadaoin, 20 Samhain, 1963.

Wednesday, 20th November, 1963.

1. The Committee met at 7 p.m.


2. Members Present.


The following members were present:—


Senators Desmond, Fitzpatrick, Lindsay, Nash, Ross and Ryan.


3. Election of Chairman.


Motion made (Senator Fitzpatrick):


“That Senator Ryan be Chairman of the Committee.”


Question put and agreed to.


Senator Ryan took the Chair accordingly.


4. Consideration of Bill.


The Committee took the Bill into consideration.


(i) Sections 1 to 28 inclusive, agreed to.


(ii) Section 29.


Government amendment proposed from the Chair:


“In subsection (1), page 31, after ‘Act’ in line 51 to add ‘of the Oireachtas’ and to delete ‘an’ in line 54 and substitute ‘such’.”


Amendment agreed to.


Section, as amended, agreed to.


(iii) Sections 30 to 157 inclusive, agreed to.


(iv) Section 158.


Government amendment proposed from the Chair:


“In page 94, between lines 32 and 33, to insert a new subsection as follows:


‘(6) Subsections (4) and (5) shall not apply to a company, formed by direction of an Act of the Oireachtas of Saorstát Éireann or of the Oireachtas, the principal objects of which include the acquisition and underwriting of shares or other securities of companies carrying on a trade or industry in the State’.”


Amendment amended, by leave, to read as follows:


“In page 94, before subsection (6) to insert a new subsection as follows:


‘(6) Subsections (4) and (5) shall not apply to a company which is principally engaged in the acquisition and underwriting of shares or other securities of companies carrying on a trade or industry in the State and which holds a certificate of exemption issued by the Minister from the requirements of those subsections.’”


Amendment, as amended agreed to.


(v) Sections 159 to 189 inclusive, agreed to.


(vi) Section 190.


Amendment proposed (Senator Ross):


“In subsection (11), page 110, paragraph (c), subparagraph (ii) to delete ‘is’ in line 58 and substitute ‘or his spouse or any child of his or any person or persons holding in trust for him or them or any of them are’.”


Amendment, by leave, withdrawn.


Section agreed to.


(vii) Sections 191, 192 and 193 agreed to.


(viii) Section 194.


Amendment proposed (Senator Fitzpatrick):


“In subsection (3), page 114, line 35, after ‘director’ to insert ‘and published in the next ensuing statutory report of the directors’.”


Amendment, by leave, withdrawn.


Government amendment proposed from the Chair:


“Before subsection (5) to insert the following new subsection inserted:


‘(5) (a) A copy of every declaration made and notice given in pursuance of this section shall, within 3 days after the making or giving thereof, be entered in a book kept for this purpose. Such book shall be open for inspection without charge by any director, secretary, auditor or member of the company at the registered office of the company and shall be produced at every general meeting of the company, and at any meeting of the directors if any director so requests in sufficient time to enable the book to be available at the meeting.


(b) If a company fails to comply with this subsection the company and every officer of the company who is in default shall be liable to a fine not exceeding £100 and if any inspection or production required there-under is refused, the court may by order compel an immediate inspection or production.’”


Amendment agreed to.


Section, as amended, agreed to.


(ix) Section 195 to 200 inclusive, agreed to.


Further consideration of the Bill adjourned.


5. Adjournment.


The Committee adjourned at 9.15 p.m. until 4.30 p.m. on Wednesday, 27th November, 1963.