Penalties for directors who are found to have knowingly included a false statement can be serious. Under the Companies Act, if the statement is false, directors who knew it was false or failed to take reasonable steps to prevent the report being approved can be fined up to €50,000 or imprisoned for a term of up to five years.
An expert in corporate governance says the ODCE should investigate whether FAI board members were required to tell auditors about John Delaney’s €100,000 loan. File photograph: Colin Keegan/Collins Dublin “What I think is really interesting about the declaration is that each individual board member would be signing up to that statement,” she said. “It’s not the board making the statement, it’s each individual director.”
Earlier this week, Deloitte filed a notice with the Companies Registration Office stating that proper accounting records have not been kept by the association. The regulatory filing must be submitted if auditors form the opinion that the company is contravening, or has contravened, certain sections of the Act.
The CRO is then required to forward a copy of this notice onto the ODCE. The filing of the form, which is called a H4, is a very rare event in Irish corporate life. The filing relating to the FAI is the first filed this year, and only four have been filed since the beginning of 2018.
Not ODCE!😬 They’ll just shred the evidence😄
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