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Disclosure of Company Particulars to E-Communicators and Web Sites

With effect from 1st April 2007, the disclosure rules with respect to company particulars on certain hard copy documentation was extended to company web sites and certain company electronic communications as a result of Statutory Instrument No. 49, issued by Michael Martin, TD, Minister fro Enterprise, Trade and Employment.

In the interests of transparency these requirements provide consumers and others, with basic information on the companies with which they may be dealing.

The new disclosure requirements for company web sites and e-communications are:

The name of the company and the company legal form
The place of registration of the company, the number with which it is registered and the address of the registered office
In the case of a company exempt from the obligations to use the word “limited” or “teoranta” as part of its name, the fact that it is a limited company
E-communications include e-mails and faxes.

European Communities (Companies) (Amendment) Regulations 2007

SI 49 of 2007

Micheál Martin, Minister for Enterprise, Trade and Employment, in exercise of the powers conferred on him by section 3 of the European Communities Act 1972 (No. 27 of 1972) has made Regulations entitled as above:

These Regulations implement provisions of Directive 2003/58/EC of the European Parliament and the Council of 15 July 2003 amending Council Directive 68/151/EEC regarding disclosure requirements in respect of certain types of companies.

The Regulations will come into effect on 1 April 2007 and provide for:
• The certification of electronic copies of company documents and particulars obtainable from the Companies Registration Office (CRO);
• The voluntary filing of certified translations of company documents and particulars filed obligatorily in Irish or English with the CRO; and
• The extension of existing information disclosure requirements concerning letter and order forms to such communications in electronic form and to company websites.

To assist the public in relation to the scope of Regulations 9 (communication by electronic form and company websites) the Office of the Director of Corporate Enforcement (ODCE) has published an information leaflet which is available on their website at: www.ODCE.ie. The Information Notice Number is I/2007/2.

Source: Iris Oifigiúil 20/02/2007
Office of the Director of Corporate Enforcement (ODCE) www.ODCE.ie

Company websites and e-communications

The ODCE has issued Information Notice I/2007/2 in relation to the new disclosure requirements for company websites and electronic communications

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