Appleby warns on offences

The Director of Corporate Enforcement, Mr Paul Appleby, this year expects to double the number of prosecutions his office secured…

The Director of Corporate Enforcement, Mr Paul Appleby, this year expects to double the number of prosecutions his office secured in 2003.

Mr Appleby said his office aimed not only to increase its enforcement activity this year but also to prosecute a number of company law offences for which convictions have never been secured in the past.

He issued a statement last night to accompany his report for 2003, which has just been published.

"The Office of the Director of Corporate Enforcement's \ results for 2003 indicate that enforcement of the Companies Acts is now a reality and I believe that standards of legal compliance by companies with their obligations have in consequence improved," he said.

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During 2003 the office secured 43 convictions against 26 companies and individuals.

More than 150 company directors were restricted by the High Court and 14 orders were made in High Court compliance proceedings against nine liquidators.

The office also successfully secured 13 orders for the production of bankers' books pursuant to ODCE investigations of suspected breaches of the Companies Acts.

He said that, as well as enforcement work, the office was also involved in encouraging and facilitating compliance by companies, directors and others with legal obligations.

"For 2004, we are working with the accountancy bodies, IBEC, the Institute of Directors and the Revenue, with a view to developing and publishing a draft guidance on certain of the new and amended requirements contained in the Companies (Auditing and Accounting) Act 2003, including, in particular, the directors' compliance and related statements."

Colm Keena

Colm Keena

Colm Keena is an Irish Times journalist. He was previously legal-affairs correspondent and public-affairs correspondent