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ARTICLE · 03 DECEMBER 2024

Corporate Enforcement Authority: Enhanced Enforcement And Supervision Powers

The Companies (Corporate Governance, Enforcement and Regulatory Provisions) Act 2024 (the "Act") amends provisions of the Companies Act 2014...

IrelandCorporate/Commercial Law

New Criminal Offence

Section 66 of the Act inserts Section 793A into the Companies Act 2014 which creates a new category 2 criminal offence relating to obstructing or interfering with an officer of the CEA in the course of exercising a power conferred on them under the Companies Act 2014 or impeding an officer in the exercise of their power under the Companies Act 2014. The offence of obstruction would cover non-search warrant or non-production offences.

A summary conviction for a category 2 offence can result in a class A fine (i.e. a fine of up to €50,000) or imprisonment for a term of up to 12 months or both. A conviction on indictment for a category 2 offence can result in a term of imprisonment of up to 5 years or a fine of up to €50,000 or both.

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This article contains a general summary of developments and is not a complete or definitive statement of the law. Specific legal advice should be obtained where appropriate.

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