Companies Ammended Act 2009 - Section 10

Amendment of sections 43 and 44 of Companies (Amendment) (No. 2) Act 1999.

10.-(1) Section 43 of the Companies (Amendment) (No. 2) Act

1999 is amended-
(a) in subsections (1), (2), (8) and (9), by substituting “a
Member State of the EEA” for “the State”;
(b) by repealing subsection (12); and
(c) by substituting the following subsection for subsection (16)
(inserted by the Act of 2003):
“(16) In this section—
‘director’ does not include an alternate director;
‘Member State of the EEA’ means a state that is a contracting
party to the Agreement on the European Economic
Area signed at Oporto on 2 May 1992, as amended
for the time being.”.


(2) Section 44 of the Companies (Amendment) (No. 2) Act 1999
is amended—
(a) in subsection (8), by substituting “So far as it is the person’s
residence in the State that falls to be determined
for the purposes of that section, for the purposes of
section 43,” for “For the purposes of section 43,”; and
(b) by adding the following subsection after subsection (11):
“(12) For the purposes of this section a company has a
real and continuous link with an economic activity that is
being carried on in the State if one or more of the following
conditions are satisfied by it:
(a) the affairs of the company are managed by one
or more persons from a place of business established
in the State and that person or those persons
is or are authorised by the company to act
on its behalf;
(b) the company carries on a trade in the State;
(c) the company is a subsidiary or a holding company
of a company or another body corporate
that satisfies either or both of the conditions
specified in paragraphs (a) and (b);
(d) the company is a subsidiary of a company,
another subsidiary of which satisfies either or
both of the conditions specified in paragraphs
(a) and (b).”.

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