Prosecution Cases 2005

The Director of Corporate Enforcement v. Kenneth Daly.

22 November 2005


Details of Defendant: 
Kenneth Daly.“Knockatee”, Dunmore, Co. Galway. 

Venue: 
Dunmore District Court. 

Judge: 
District Judge Browne. 

Alleged Offence(s): 
The defendant was charged with contravention of Section 161 (1) of the Companies Act, 1990 in acting as a director of Enterprise Dunmore Limited, Company No. 199766 on a date or dates unknown between the 7th of November, 2003 and the 28th of September, 2005 while subject to a restriction declaration made by the High Court pursuant to Section 150 of the same Act and failing to abide by the conditions prescribed in the Act for continuing to act as a company director. 

Outcome: 
On a plea of guilty, Kenneth Daly was convicted, fined €500 and ordered to pay prosecution costs of €250. Having been convicted of an offence under Section 161 of the Companies Act 1990, Kenneth Daly is deemed, pursuant to Section 161(2) of the same Act, to be the subject of a disqualification order. The prosecutor made a post-conviction application pursuant to Section 162 of the Companies Act 1990 that the period of disqualification to which Mr. Daly is subject should be 3 years from the date of conviction and the court so ordered. The effect of this provision is that Kenneth Daly is disqualified from being appointed or acting as auditor, director or other officer, receiver, liquidator or examiner or being in any way, whether directly or indirectly, concerned or taking part in the promotion, formation or management of any company or society registered under the Industrial Provident Societies Acts 1893 to 1978 for a period of 3 years commencing 22nd November, 2005.

Court Rulings

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