Companies Act 2014 commenced on 1st June 2015.

Directors, company directors, duties, qualifications

To qualify for appointment as a Company director a person cannot be :

  • under 18 years of age.
  • a body corporate.
  • undischarged bankrupt.
  • director of more than 25 companies unless those other companies are exempted. (exemptions are: PLCs, Form B67 registered companies, Licensed under the Central Bank Act 1971, Holding Companies).
  • disqualified.

Company Directors Duties

Part 5 of the Companies Act 2014 sets out the principal fiduciary responsibilities of a Company director.

There is a requirement on a Company director to act in good faith, to act honestly and responsibly and to act in according to the company’s constitution.

The main duties are:

  • Ensuring the Company complies with the Companies Act 2014.
  • To have regard to interests of employees
  • Provide a compliance policy statement and related statement with the director’s report. (does not apply to a exempted company or to a company whose turnover does not exceed €12,500,000 and balance sheet total does not exceed €25,000,000.)
  • Ensuring that the Secretary appointed by the directors has the skills necessary to enable him or her maintain the records required to be kept by the act.

Single-director companies (new simplified LTD company model only) must have a separate secretary. The director cannot act as the secretary.