Insights

Following the publication of the new Central Bank Corporate Governance Requirements for Investment Firms and Market Operators in November 2018, MiFID investment firms, non-retail investment intermediaries, and MiFID market operators are now subject to the requirements with effect from 1 July 2019.

The Companies Act 2014 came into operation on 1st June 2015. From this date there is an eighteen month transition period during which Existing Private Limited Companies (EPCs) will have to make a decision on which of the new entity types they wish to become.

In this update on the Companies Act 2014 (the “Act”) we discuss the topical issue of loans/advances between a company and its directors.

Directors of NFPs and charities, by virtue of their function, carry a heavy burden of duties, obligations and responsibilities in the management of their organisations. The ever increasing influence of law and regulation in that process, some directly impacting on the manner in which they carry out their duties, makes it essential that they equip themselves with a clear knowledge of how it affects both them and the organisation they serve.

Following on from our overview of the Companies Act 2014 (the “Act”), in this publication we set out the new requirements for large companies to form an audit committee.

Under common law directors occupy a fiduciary role in relation to companies. Directors are required to act in good faith in the interests of the company and this duty is owed to the company as a whole rather than to the individual members of the company. The equitable and common law principles relating to directors’ duties are specified and codified in Part 5 of the Companies Act 2014 (hereafter the “Act”) and became effective as of the commencement of the Act on 1 June 2015.