Ireland · The traded public limited company
Shareholder identification, transmission of information, engagement policies and proxy advisors
the Companies Act 2014 · sections 1110B to 1110E and 1110G to 1110K
Where the problem is
Identification data carries a storage limit that is easy to breach by inaction. Without prejudice to any longer storage period laid down by European Union law, and subject to section 1110B(6), where a requester holds information obtained under the section, section 1110B(5) governs how long it may be held. A company or intermediary that keeps a shareholder identification file indefinitely has not read the subsection.
The engagement duties sit on investors and advisers rather than on the company, and each of them is a disclosure duty rather than a conduct duty. A relevant institutional investor must develop and publicly disclose an engagement policy in accordance with section 1110G(1), subject to section 1110G(2), and must publicly disclose how the main elements of its equity investment strategy are consistent with the matters section 1110I(1) names. A relevant proxy advisor must publicly disclose the information section 1110K(4)(b) lists, subject to section 1110K(4)(c).
What the Companies Act 2014 requires
Sections 1110B and 1110C govern the identification of shareholders and the transmission of information between the company, intermediaries and shareholders. Sections 1110D and 1110E govern the duties of an intermediary. Where an intermediary provides services to a shareholder in relation to shares, that intermediary must assist the exercise of the shareholder's rights as section 1110D(1) requires.
Sections 1110G to 1110K govern the engagement policy of institutional investors and asset managers, the disclosure of investment strategy, the transparency of asset managers and the transparency of proxy advisors. The obligations are structured as disclose or explain, so an investor that does not engage still has something to publish.
The tool that solves it
Files 141, 142, 143, 144 and 145 of the IE-COMPANY package cover this situation. File 141 works through identification of shareholders and transmission of information. File 142 works through the exercise of shareholder rights through intermediaries. File 143 works through the engagement policy of institutional investors and asset managers, and File 144 works through investment strategy and asset manager transparency. File 145 works through the transparency of proxy advisors.
This situation is covered by these files from the pack IE-COMPANY
- File 141 · Identification of shareholders and transmission of information
- File 142 · Facilitation of the exercise of shareholder rights
- File 143 · The engagement policy of institutional investors and asset managers
- File 144 · Investment strategy of institutional investors and transparency of asset managers
- File 145 · Transparency of proxy advisors
Files for this situation
Free · this situation only
The working files named above cover this situation. You take them from your free ComplianceSME account when this situation arises, and you come back to the site for the next situation.
You take the starter pack first: PRINT_ME_FIRST.pdf, the training file T_TRAIN, the four volumes of the reference file T_HELP, and File 1, which builds the ENTITY_PASSPORT.md that the other files require. The situations open in your account once you have taken the starter pack.
Take the files for this situationThe free system
Free · with a free account
The ComplianceSME system for the Companies Act 2014 is free. It needs a free ComplianceSME account and runs inside your own Claude account. It holds 215 working files, the training file, the reference file in four volumes, the regulation analysis, the final review with the gap analysis, and the report assembly. You take the starter pack first, and after that the files for one situation at a time, as each situation arises.
The starter pack holds PRINT_ME_FIRST.pdf, the training file T_TRAIN, the four volumes of the reference file T_HELP, and File 1, which builds the ENTITY_PASSPORT.md that every other working file requires. Print PRINT_ME_FIRST.pdf and read it before any other file.
The system runs in your own Claude account. Upload the files, type START, and the system asks you one question at a time until it has built your documentation, citing the section at every point.
Take the starter packComplianceSME tracks the Companies Act 2014 and issues update files through the membership, so that you are never working from a superseded version. Membership