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Companies (Auditing and Accounting) Act 2003

SCHEDULE 2

Section 57 .

Item No.

Acts and Provisions affected

Amendment

1.

Companies Act 1963 , sections 10(10), 12(3), 44(8), 46(2), 47(4), 57(3), 58(3), 59(5), 69(2), 70(3), 78(5), 84(2), 86(2), 91(5), 92(4), 100(3), 101(2), 107(3), 110(2), 113(5), 114(3), 114(4), 115(6), 116(9), 117(4), 128(4), 136(3), 136(5), 143(5), 143(6), 145(4), 156(3), 157(2), 179(4), 180(5), 188(2), 193(4), 194(5)(b), 194(6), 195(12), 197(3), 201(6), 202(4), 202(6), 203(3), 205(5), 224(5), 227(2), 249(3), 252(2), 256(7), 261(7), 262(2), 263(3), 263(6), 263(7), 272(2), 273(3), 273(6), 273(7), 276A(3), 278(2), 280(4), 300, 301, 301A(5), 303(2), 305(2), 306(2), 310(2), 314, 317(2), 321(2), 322C(3), 358, 377(7) and 378(2)

Substitute, in each of the provisions specified in column 2, “shall be guilty of an offence and liable to a fine” for “shall be liable to a fine”.

2.

Companies Act 1963 , section 60(5)

Substitute, in the provision specified in column 2, “shall be guilty of an offence and liable to imprisonment for a period not exceeding 6 months or to a fine not exceeding €1,904.61 or to both” for “shall be liable to imprisonment for a period not exceeding 6 months or to a fine not exceeding £500 or to both”.

3.

Companies Act 1963 , section 102(2)

Substitute for the provision specified in column 2 the following:

“(2) If a judgment creditor makes default in complying with subsection (1) he shall be guilty of an offence and liable to a fine not exceeding €1,904.61, and if a company makes default in complying with that subsection, the company and every officer who is in default shall be guilty of an offence and liable to a fine not exceeding €1,904.61.”.

4.

Companies Act 1963 , sections 114(2), 131(6), 159(5), 190(9), 221(2), 234(5) and 398(3)

Substitute, in each of the provisions specified in column 2, “shall be guilty of an offence and liable to a fine” for the words “shall be liable to a fine” in both instances in which those words occur within that provision.

5.

Companies Act 1963 , section 266(6)

Substitute for the provision specified in column 2 the following:

“(6) If default is made—

(a) by the company in complying with subsections (1) and (2),

(b) by the directors of the company in complying with subsection (3), or

(c) by any director of the company in complying with subsection (4),

the company, directors or director, as the case may be, shall be guilty of an offence and liable to a fine not exceeding €1,904.61, and in case of default by the company, every officer of the company who is in default shall be guilty of an offence and liable to a fine not exceeding €1,904.61.”.

6.

Companies (Amendment) Act 1990 , section 11(7)

Substitute, in the provision specified in column 2, “shall be guilty of an offence and liable to a fine” for “shall be liable to a fine”.

7.

Companies Act 1990 , section 50(7)

Substitute for the provision specified in column 2 the following:

“(7) If default is made in complying with subsection (1) or (5) or if an inspection required under subsection (6) is refused, the company and every officer of the company who is in default shall be guilty of an offence and liable on summary conviction to a fine not exceeding €1,904.61 and, for continued contravention, to a daily default fine not exceeding €63.49 and, if default is made for 14 days in complying with subsection (4), the company and every officer of the company who is in default shall be guilty of an offence and liable to a fine not exceeding €1,904.61 and, for continued contravention, to a daily default fine not exceeding €63.49.”.

8.

Companies Act 1990 , section 60(10)

Substitute, in the provision specified in column 2, “shall be guilty of an offence and liable to a fine” for “shall be liable to a fine” in both instances in which those words occur within that provision.

9.

Companies Act 1990 , sections 80(10) and 161(6)

Substitute, in each provision specified in column 2, “shall be guilty of an offence and liable to a fine” for the words “shall be liable to a fine” in both instances in which those words occur within that provision.