Regulatory and Corporate Prosecutions

The Firm has extensive experience in advising corporate entities and individuals subject to investigation by the Corporate Enforcement Authority (the “CEA”) (the successor body to the Office of the Director of Corporate Enforcement as of July 2022).

The CEA is responsible for ensuring that corporate entities and directors comply with their obligations under the Companies Act 2014 and has the power to prosecute summary offences (matters of a more minor nature) under the Companies Act 2014 while the Director of Public Prosecution pursues indictable (matters of a more serious nature).

KOD Lyons has a wealth of experience in guiding clients successfully through allegations of wrongdoing under the Companies Act 2014.

Allegations in this regard can range from “reckless trading” arising from an improper order of payments made by a company when insolvent (which can lead to a director becoming personally liable for losses suffered by a creditor) to “fraudulent trading” which involves persons knowingly defrauding creditors or others which is governed by Section 137 of the Companies Act 2014. The Firm has successfully defended persons and corporate entities accused of these offences.

KOD Lyons also provides valued advice to directors against whom other allegations of wrongdoing have been made which could result in Restriction or Disqualification under Part VII of the Companies Act 2014.

The Firm regularly acts for clients subject to “fitness to practice” investigations initiated by bodies such as:

• The Medical Council
• Nursing and Midwifery Board of Ireland
• Law Society of Ireland

The Firm has successfully represented persons subject to these investigations and provides valued advice both from a legal and reputation management perspective.

We have advised several individuals subject to an investigation under the Criminal Justice (Corruption Offences) Act 2018 in the context of alleged improper payments made with a view to inducing an advantage from another person. The Firm has experience in managing these cases from the initial allegation through to the hearing stage and is on hand to provide timely and comprehensive legal advice.