Corporate Governance
The Companies Registration Office and the Office of the Director of Corporate Enforcement are currently focusing on companies who fail to comply with their legal requirements. These measures can include fines, and prosecutions of directors for offences and company strike offs. In more serious breaches the Director of Corporate Enforcement can refer certain matters to the Director of Public Prosecutions. The Corporate regulatory bodies now intend to expand their current campaign to include lesser offenders and smaller companies with a view to achieving full compliance among all Irish companies.
Corporate Compliance is not a static concept with new forms of governance arising continually and new forms and best practice developing further. This is an area which has taken on an increased importance in the last number of years, not only because of international development but also due to a number of domestic initiatives and increased regulatory requirements, particularly in company law and financial regulatory requirements. Corporate governance is also good for business; firstly it ensures the effective, proper and efficient running of the business. It also results in transparency and accountability within organisations. Importantly however it should lead to improved performance. At Moore Stephens Nathans, we have taken steps to offer reassurance on these issues through a comprehensive compliance check. Should this raise any issues we offer expertise and guidance in amending certain practices to ensure full compliance and thus helping to protect the company and its officers from any unnecessary problems that may arise. In particular, Moore Stephens Nathans can offer the following services to minimise risk and maximise potential for your company :
- Legal Audit, ensuring company and business practices are in compliance with the law and the development of action plans to outline measures needed to be taken in order to improve compliance. Given the enormous compliance burden placed on companies operating in a global economy, this will benefit the client by providing reassurance and comfort that all legal duties are being fulfilled.
- Corporate Governance, advice procedures that can assist companies in relation to directors and shareholders meetings e.g. frequency, notice, agenda, quorum, voting, resolutions etc. Corporate Governance is much more than a compliance burden –strong corporate governance involves creating an environment where decision making is done in an open forum with checks and balances in place to ensure decision making is proper. Good corporate governance will lead to good decisions.
- Directors Duties, advise on the duties and responsibilities of directors, e.g. in relation to how they deal with shareholders, customers, staff, fiduciary duties and all other duties and responsibilities and how they impact on the company. Directors’ duties have become a huge focal point of media interest in the past year. Directors of companies are liable to prosecution in their personal capacity, if certain duties relating to their companies are not fulfilled. Educating directors in this regard is a critical aspect of the service we provide, and should insulate directors from unnecessary difficulties arising from their duties.
- Advice in relation to the powers and measures taken and open to both the Office of the Director of Corporate Enforcement and the Companies Registration Office. Being forewarned is being forearmed and knowledge on the extent of the duties of the Regulatory Authorities is an important aspect of ensuring a proper Corporate Governance culture is deployed.
- Employment and Health and Safety law advice in order to ensure all procedures and employment contracts/Company handbooks are in line with relevant legislation. Employees have significant rights under Employment Law and it is important that our clients are fully aware of the steps that need to be taken to ensure unnecessary exposures are dealt with and minimised.
Key Personnel
A smart solution deserves a smart team.
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Andy Quinn, Partner
Andy has been in practice for over 15 years and has a wide range of experience across a number of different business sectors. Andy specialises in the area of financial reporting and auditing and has particular experience working with international clients and dealing with the particular accounting and audit issues facing these types of companies. |
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Brian Hayes, Director
Brian's strengths lie in getting behind the numbers to produce true valuations. As director of corporate finance for Moore Stephens Nathans Brian brings contacts skills and knowledge invaluable in restructuring a company’s finances. |
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Gerard Quinn, Partner
Gerard is one of Nathans most experienced business brains with over 35 years of applied commercial experience. He has helped guide some of Irelands most successful companies from small acorn to flourishing oak tree. Commercially astute and extremely well connected, Gerard’s networks are invaluable to any company looking for growth and support. |
