State Agency of the Department of Enterprise, Trade and Employment overview | |
---|---|
Formed | July 2022 |
Preceding State Agency of the Department of Enterprise, Trade and Employment |
|
Jurisdiction | Ireland |
Headquarters | 16 Parnell Square, Dublin 1, D01 W5C2 |
State Agency of the Department of Enterprise, Trade and Employment executive |
|
Key document |
|
Website | CEA website |
The Corporate Enforcement Authority (CEA) is the competent authority in Ireland for the general promotion of compliance with the Companies Acts, the investigation of breaches of the Companies Acts and the taking of any necessary enforcement actions to ensure continued compliance.
The current director is Ian Drennan. His 30-person team comprises accountants, lawyers and detectives from the National Economic Crime Bureau (GNECB). He is legally responsible for:
The director and his team operate on an independent basis with the aim of reducing personal and business risk and improving the overall standard of public compliance. The powers of the authority are set out in the Companies (Corporate Enforcement Authority) Act 2021 and has an annual operating budget of approximately €3 million. Many of the initiatives of the office are taken in the general public interest.
The authority operates alongside the Companies Registration Office (Ireland), which is responsible for the registration of companies, registering documentary filing and the enforcement of administrative breaches of company law.
The Office of the Director of Corporate Enforcement was originally established in November 2001 as a consequence of the proceedings and the conclusions of various review groups, courts, tribunals of inquiry and parliamentary committees in recent years. These have revealed evidence that provisions in Irish company law and other legislation have been regularly breached and that some entities and individuals have not been called to account. The result is that various parties, e.g., the State, other businesses and consumers, have borne the cost of this misbehaviour and the associated business risks. Following a fundamental review, the Irish Government determined inter-alia that there were insufficient resources and legal instruments available to the State to supervise and enforce adherence to the requirements of company law and that it was necessary to correct these deficiencies in the public interest.
The director seeks to foster compliance with the law and the consequences of non-compliance through presentations, public communication, consultation with professional bodies and engagement with all branches of government that facilitate compliance.
The investigative and enforcement role is quite extensive and encompasses: [1]
The U.S. Securities and Exchange Commission (SEC) is an independent agency of the United States federal government, created in the aftermath of the Wall Street Crash of 1929. The primary purpose of the SEC is to enforce the law against market manipulation.
The Office of the Data Protection Commissioner (DPC), also known as Data Protection Commission, is the independent national authority responsible for upholding the EU fundamental right of individuals to data privacy through the enforcement and monitoring of compliance with data protection legislation in Ireland. It was established in 1989.
Companies House is the United Kingdom's registrar of companies and is an executive agency of Her Majesty's Government, falling under the remit of the Department for Business, Energy and Industrial Strategy. All forms of companies are incorporated and registered with Companies House and file specific details as required by legislation. All registered limited companies, including subsidiary, small and inactive companies, must file annual financial statements in addition to annual company returns, and all these are public records. Only some registered unlimited companies are exempt from this requirement.
The Scottish Courts and Tribunals Service (SCTS) is an independent public body which is responsible for the administration of the courts and tribunals of Scotland. The Service is led by a board which is chaired by the Lord President of the Court of Session, and employs over 1000 staff members in the country's 39 sheriff courts, 34 justice of the peace courts, the Court of Session and the High Court of Justiciary, and at the service's headquarters in Edinburgh. The day-to-day administration of the service is the responsibility of its Chief Executive and Executive Directors. The Scottish Courts and Tribunals Service is also responsible for providing administrative services for the Judicial Office for Scotland, the Office of the Public Guardian, the Accountant of Court, the Criminal Courts Rules Council, and the Scottish Civil Justice Council.
The law of the Hong Kong Special Administrative Region has its foundation in the English common law system, inherited from being a former British colony and dependent territory. There are several sources of law, the primary ones being statutes enacted by the Legislative Council of Hong Kong and case law made by decisions of the courts of Hong Kong.
A regulatory agency or independent agency is a government authority that is responsible for exercising autonomous dominion over some area of human activity in a licensing and regulating capacity.
The Office of Fair Trading (OFT) was a non-ministerial government department of the United Kingdom, established by the Fair Trading Act 1973, which enforced both consumer protection and competition law, acting as the United Kingdom's economic regulator. The OFT's goal was to make markets work well for consumers, ensuring vigorous competition between fair dealing businesses and prohibiting unfair practices such as rogue trading, scams, and cartels. Its role was modified and its powers changed with the Enterprise Act 2002.
Corporate liability, also referred to as liability of legal persons, determines the extent to which a company as a legal person can be held liable for the acts and omissions of the natural persons it employs and, in some legal systems, for those of other associates and business partners.
The Health and Safety at Work etc. Act 1974 is an Act of the Parliament of the United Kingdom that as of 2011 defines the fundamental structure and authority for the encouragement, regulation and enforcement of workplace health, safety and welfare within the United Kingdom.
The Standards in Public Office Commission (SIPO) is an independent body established in December 2001 by the Irish Government under the Standards in Public Office Act, 2001. It replaced the Public Offices Commission which was established in November 1995 by the Ethics in Public Office Act, 1995.
The Companies Act 2006 is an Act of the Parliament of the United Kingdom which forms the primary source of UK company law.
The Solicitors Regulation Authority (SRA) is the regulatory body for solicitors in England and Wales.
The Federal Financial Supervisory Authority better known by its abbreviation BaFin is the financial regulatory authority for Germany. It is an independent federal institution with headquarters in Bonn and Frankfurt and falls under the supervision of the Federal Ministry of Finance. BaFin supervises about 2,700 banks, 800 financial services institutions, and over 700 insurance undertakings.
The Companies Commission of Malaysia, is a statutory body formed under an Act of Parliament that regulates corporate and business affairs in Malaysia. The SSM was formed in 2002 under the Companies Commission of Malaysia Act 2001, assuming the functions of the Registrar of Companies and Registry of Business.
The Ministry of Justice of the Russian Federation is a ministry of the Government of Russia responsible for the legal system and penal system.
The General Data Protection Regulation (EU) (GDPR) is a regulation in EU law on data protection and privacy in the European Union (EU) and the European Economic Area (EEA). The GDPR is an important component of EU privacy law and of human rights law, in particular Article 8(1) of the Charter of Fundamental Rights of the European Union. It also addresses the transfer of personal data outside the EU and EEA areas. The GDPR's primary aim is to enhance individuals' control and rights over their personal data and to simplify the regulatory environment for international business. Superseding the Data Protection Directive 95/46/EC, the regulation contains provisions and requirements related to the processing of personal data of individuals who are located in the EEA, and applies to any enterprise—regardless of its location and the data subjects' citizenship or residence—that is processing the personal information of individuals inside the EEA.
The Office of the Privacy Commissioner administers the Privacy Act 2020. The Privacy Commissioner is entrusted to protect personal information of New Zealanders in accordance with the Privacy Act. Starting on 5 July 2022, the next privacy commissioner will be Michael Webster.
The Ministry of Justice of the Republic of Uzbekistan,, is the central government body charged consistent implementation of a single state policy in the sphere of lawmaking and law enforcement practice in Uzbekistan.
Cayman has introduced a new regime for the licensing and registration of directors of investment fund companies that are “regulated” under the Mutual Funds Law and directors of companies registered as “excluded persons” under paragraphs 1 and 4 of Schedule 4 of the Securities Investment and Business Law. Each relevant entity is defined in the Law as a “Covered Entity”.
A company register is a register of organizations in the jurisdiction they operate under.