The powers of search and seizure of the DCE have been extended and strengthened by expanding the powers of seizure. Among other things, the changes include: extending the powers of the DCE to enter and search premises, seize and remove information in either hard copy or electronic form and examine that information elsewhere; allowing DCE search warrants to be extended beyond the existing one-month period; providing that information which is claimed to be legally privileged can be seized on a sealed basis pending determination by the High Court as to whether the information is indeed privileged; and giving the DCE a specific right of access to, and the power to take copies of, the statutory register that records the director’s declaration of his interest in any contract.
The Act expands the legislation dealing with loans to directors (or connected persons) in breach of the Companies Acts by making every officer of the company who is in default guilty of an offence. Previously, only those directors who were in wilful default and who authorised or permitted the loans committed an offence. more >