Offences
Summary proceedings for company law offences can be initiated in the District Court where the company is registered, or in specific locations for filing failures. Such proceedings must commence within three years of the offence or when sufficient evidence emerges. Companies charged with indictable offences may be represented in court by an appointed individual who can answer questions or enter pleas on the company’s behalf. Sanctions for offences vary by category, with Category 1 carrying the heaviest penalties, including fines up to €500,000 or 10 years’ imprisonment. Lesser categories involve reduced fines and prison terms.
Persistent contraventions post-conviction incur daily fines, based on the offence’s severity. Administrative fines can be imposed by the ODCE or the Registrar for Category 3 or 4 offences if defaults are remedied and payments made within prescribed timeframes. False statements or returns under the Act constitute serious offences, with heightened penalties where they significantly harm the company or its creditors. Evidential rules presume the accuracy of certain company documents and inspector reports unless proven otherwise.
In trials, evidence may include documents, summaries, and expert affidavits to aid jury comprehension, particularly in complex financial matters. Judges may require explanations of accounting principles to assist jurors. These measures aim to streamline compliance, enforcement, and judicial processes under the Companies Act.
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