Ionchúiseamh 2006

The Director of Corporate Enforcement v. John McElhinney

01 November 2006


Details of Defendant: 
John McElhinney, 107 Foxfield Grove, Raheny, Dublin 5. 

Venue: 
Dublin District Court 

Judge: 
District Judge McVeigh 

Alleged Offence: 

The defendant was charged on two counts: 
(1): With making a statement in the form of a “Certificate of Director and Secretary” in purported compliance with the provisions of Section 18 of the Companies (Amendment) Act, 1986, which was false in a material particular in that it stated that the report attached thereto was a true copy of the report of the auditors in respect of a company in circumstances where he knew it to be false or were reckless as to the same. Contrary to Section 242(1) and Section 240(1) of the Companies Act, 1990. 

(2): With the production of a “Certificate of Director and Secretary” in purported compliance with the provisions of Section 18 of the Companies (Amendment) Act, 1986, which was false in a material particular in that it stated that the report attached thereto was a true copy of the report of the auditors in respect of a company in circumstances where he knew it to be false or were reckless as to the same. Contrary to Section 242(1) and Section 240(1) of the Companies Act, 1990. 

Outcome: 
The defendant pleaded not guilty, and therefore the two charges were heard in full. The Court convicted the defendant in respect of charge (1) above and imposed a fine of €800 and ordered witness costs in the sum of €1,120 and ordered prosecution costs in the sum of €290. 

In respect of charge (2), the Court struck out the charge. 

Recognisance of €800 was fixed by the Court in the event of an appeal 
 

Frequently Asked Questions

ODCE encourages the public to visit the extended FAQs (frequently asked questions) for information before contacting the Office.

Ceisteanna a Fiafraítear go Minic

Spreagann OSFC an pobal cuairt a thabhairt ar na CFManna (ceisteanna a fiafraítear go minic) arna leathnú le haghaidh eolas roimh theagmháil a dhéanamh leis an oifig.

Treoir Nua le Fáil

Tá iad seo a leanas árna eisiúnt le OSFC:  

7 Leabhrán Eolais nua agus 

12 Treoir Thapa nua bunaithe ar Acht na gCuideachtaí 2014.

Taking Care of Business:

Free Event

Wednesday November 8

Printworks, Dublin Castle

Register now at www.takingcareofbusiness.ie.