In order to assist the ODCE exercise its enforcement remit under the Companies Acts, it is necessary for the public to make available to the Office any information suggesting circumstances of individual or corporate misbehaviour under the Companies Acts. We may need to seek continuing assistance from our correspondents in certain cases. In the light of our evaluation of the information and corroborating material, we will determine what action, if any, on our part is appropriate and what would be the most suitable means of legal redress or sanction.
We have available a Complaint Form which can be used to advise us of your concerns. It sets out the type of information which we would require to receive to enable a complaint to be properly evaluated. You can download an electronic copy from our website. Following completion of the Form, you may forward it to us with the associated documentary evidence supporting your claim of corporate or individual misconduct.
Please note that the ODCE will not act on every complaint it receives. Circumstances where we may decide that we should not get involved include:
- where the complainant has a legal right of civil action against the company or other party with whom he/she is in dispute and where this will be a sufficient remedy;
- where no breach of the Companies Acts is indicated. If however a breach of other legislation is suggested, we may refer the complaint to the relevant authorities (e.g. the Garda Síochána in cases of possible fraud, the Revenue Commissioners for suspected tax offences, the Competition Authority if a breach of competition law is indicated, etc.);
- where the indicated breach is proper to the enforcement duties of the Registrar of Companies in which case it will be referred to his Office, or
- where the ODCE lacks the legal powers to intervene effectively.