Microenterprise Loan Fund Act 2012

Interpretation.

2.— (1) In this Act—

“Act of 1963” means the Companies Act 1963 ;

“Fund” has the meaning assigned to it by section 4 ;

“material interest” shall be construed in accordance with section 2 (3) of the Ethics in Public Office Act 1995 ;

“microenterprise” shall be construed in accordance with subsection (2);

“Minister” means the Minister for Jobs, Enterprise and Innovation;

“Social Finance Foundation” means the company of that nameformed and registered under the Companies Acts on 25 January 2007;

“subsidiary” has the meaning assigned to it by section 11 .

(2) For the purposes of this Act, a person is a microenterprise if—

(a) the person is established in the State and employs fewer than 10 persons (calculated in accordance with Commission Recommendation (2003/361/EC) of 6 May 2003 1 concerning the definition of micro, small and medium-sized enterprises) whether or not in the State, and

(b) the person’s—

(i) annual turnover does not exceed €2 million (calculated in accordance with the said Commission Recommendation) whether or not earned in, or derived from activities carried on, in the State,

(ii) estimated annual turnover (in circumstances where the person has been carrying on business for less than 12 months) in the year concerned does not exceed €2 million (calculated in accordance with the said Commission Recommendation) whether or not estimated to be earned, or derived from activities carried on, in the State, or

(iii) annual balance sheet total does not exceed €2 million (calculated in accordance with the said Commission Recommendation).

1 O.J. No. L124 of 20.5.2003, p.36