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.