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Company Law
(?)

Update on proposed changes to Irish company law

  Please click the link to read our company law news item of March 2024 when the General Scheme of the Companies (Corporate Governance, Enforcement and Regulatory Provisions) Bill 2024 (“General Scheme”) was published by the Department of Enterprise Trade and Employment (DETE). DETE has now published the Companies (Corporate Governance, Enforcement and Regulatory Provisions) Bill 2024 (“Bill”). The Bill includes substantially all the provisions of the General Scheme though it is worth noting that some of the provisions contained in the General Scheme in relation to the Corporate Enforcement Authority (CEA) are not included in the Bill. We set out below some additional points to our earlier note which may be of interest to readers. Readers should note that there are likely to be further amendments of the Bill as it progresses through the Houses of the Oireachtas. Provisions regarding registered office Changes are proposed in relation to a company’s registered office and electronic filing agents. These include the approval by the Registrar of Companies (“Registrar “) of a company as an electronic filing agent (EFA) and as a registered office agent. Trust and Company Service Providers (TCSPs) will only be approved as a registered office agent or an EFA where they have a TCSP authorisation under the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010.Approval to act as an EFA or registered office agent will be withdrawn where a company ceases to hold a TCSP authorisation.   The Bill includes a new section to provide that the Registrar may require evidence to verify a company’s registered office address when a company is applying to register its constitution or submitting a change of registered office address. Where the Registrar has made such a request, the Registrar will not register the documents unless such evidence is provided. Loss of Audit Exemption As set out in our previous note, a change to the rules regarding loss of audit exemption for small companies which fail to file their annual return is proposed. The current position is that the exemption is lost after one failure to file. The change proposed is that the company will not be entitled to an audit exemption for the following two years where it fails to deliver its annual return and has previously failed to file an annual return, in compliance with section 343 of the Companies Act 2014, in any of the previous 5 financial years. Proposed subsection (2) provides that a company’s failure to deliver its first annual return or a previous failure to file an annual return before the commencement of the provision shall not be considered as a previous failure for the purposes of subsection (1). Provisions regarding the Corporate Enforcement Authority (CEA) Section 393 provides that an auditor must notify the CEA if during an audit the auditor comes into possession of information leading them to form the opinion that there are reasonable grounds to believe a category 1 or 2 offence under the Companies Act 2014 has been committed. The Bill proposes an extra subsection requiring the auditor to furnish the CEA with such copies of, or extracts from, those books and documents as the CEA may require, accompanied by a certificate of the statutory auditors, bearing their signatures, stating that the copies or extracts so furnished are a true copy of, or extract from, the original books or documents concerned. (Note: the draft wording in the Bill is slightly different to the draft in the General Scheme). Provisions relating to IAASA The Bill proposes changes to delete the requirement that IAASA approves the constitution and bye laws of each prescribed accountancy body. Approval of the investigation and disciplinary procedures and standards of each prescribed accountancy body, and any amendments to the approved investigation and disciplinary procedures and standards is still required. Provisions in the General Scheme concerning the issuance of interim notices by IAASA are also contained in the Bill, now referenced as interim direction required to protect [the] public. Other The proposed amendment which we referenced in our previous news item so that weekends and public holidays are excluded from the time counted towards the minimum 48-hour notice required to appoint proxies has not been included in the Bill. This information is provided as resources and information only and nothing in these pages purports to provide professional advice or definitive legal interpretation(s) or opinion(s) on the applicable legislation or legal or other matters referred to in the pages. If the reader is in doubt on any matter in this complex area further legal or other advice must be obtained. While every reasonable care has been taken by the Institute in the preparation of these pages, we do not guarantee the accuracy or veracity of any resource, guidance, information or opinion, or the appropriateness, suitability or applicability of any practice or procedure contained therein. The Institute is not responsible for any errors or omissions or for the results obtained from the use of the resources or information contained in these pages.  

Aug 22, 2024
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Company thresholds and audit exemptions

The size criteria for companies are laid down in the Companies Act 2014. The thresholds have been increased since July 1, 2024. Please see an Institute news item of June 24, 2024 on Increased size limits for Irish companies signed into law. The new criteria apply to financial years beginning on or after January 1, 2024. Companies may elect to apply the adjusted thresholds to financial years on or after January 1, 2023. This change in size will mean that more companies will move into the micro and small categories and will thus benefit through abridged reporting requirements and the audit exemption. Certain companies specified in the legislation are excluded from the micro, small or medium company or group regime e.g.” ineligible companies” as defined in the legislation. Reader’s attention is also drawn to the dormant company audit exemption where the requirements of section 365 of the Companies Act, 2014 are satisfied. The new company thresholds are as follows: Size - company Original thresholds New thresholds   Does not exceed  two or more of the following criteria for current and preceding year Does not exceed  two or more of the following criteria for current and preceding year Micro company Balance sheet total €350,000 Turnover €700,000 Employees 10 Balance sheet total €450,000 Turnover €900,000 Employees 10 Small company Balance sheet total €6 million Turnover €12 million Employees 50 Balance sheet total €7.5 million Turnover €15 million Employees 50 Medium company Balance sheet total €20 million Turnover €40 million Employees 250 Balance sheet total €25 million Turnover €50 million Employees 250 Large company: a company that does not qualify as a small company, a micro company or a medium company under the Companies Act, 2014 is deemed to be a large company (Section 280H Companies Act,2014).       Size - group Original thresholds New thresholds   Does not exceed two or more of the following criteria for current and preceding year Does not exceed two or more of the following criteria for current and preceding year Small group Balance sheet total €6 million net (€7.2 million gross) Turnover: €12 million net (€14.4 million gross) Employees 50 Balance sheet total: €7.5 million net (€9 million gross) Turnover: €15 million net (€18 million gross) Employees 50 Medium group Balance sheet total €20 million net (€24 million gross) Turnover €40 million net (€48 million gross) Employees 250 Balance sheet total: €25 million net (€30 million gross) Turnover: €50 million net (€60 million gross) Employees 250   This information is provided as resources and information only and nothing in these pages purports to provide professional advice or definitive legal interpretation(s) or opinion(s) on the applicable legislation or legal or other matters referred to in the pages. If the reader is in doubt on any matter in this complex area further legal or other advice must be obtained. While every reasonable care has been taken by the Institute in the preparation of these pages, we do not guarantee the accuracy or veracity of any resource, guidance, information or opinion, or the appropriateness, suitability or applicability of any practice or procedure contained therein. The Institute is not responsible for any errors or omissions or for the results obtained from the use of the resources or information contained in these pages.

Aug 21, 2024
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Thought leadership
(?)

Auto-enrolment could be in place in 2026, but only if a firm date is set by government now

“Auto Enrolment has been talked about for decades – now it is finally happening.” The words of Social Protection Minister Heather Humphreys after the Automatic Enrolment Retirement Savings System Bill passed through the Houses of the Oireachtas. Ireland is one step closer to catching up with every other OECD country that already has some form of auto-enrolment. It might be finally happening, but when is less clear. Momentum is needed to avoid the work of the last two decades being squandered. Two-thirds of Chartered Accountants Ireland’s members work in business, many of whom will be required to put such a scheme in place for their employees. The most recent formal communication from government suggests a start date sometime in 2025. And yet, putting in place the infrastructure to facilitate a system of pensions auto-enrolment is a mammoth task, and the list of outstanding deliverables at Department level is concerning before it even comes time for businesses to act. Hurdles to clear The legislative hurdle has now been cleared, but the Department of Social Protection has only in recent weeks appointed a company to build and run the new system. We are encouraged to see they have chosen a company that has a record of success in building the UK equivalent. We urge the Department to now expedite the appointment of a firm to manage the underlying investments. In recent weeks, it was reported that the Department of Finance has raised concerns that the auto enrolment legislation has been framed in a way that will force the regulator to apply a lower standard of oversight than that imposed on firms in the private pensions market. Other details also need to be clarified. In recent months, this Institute has requested such clarity in several areas. Many employers with staff who are likely to come within the remit of auto-enrolment will already have occupational pension schemes in place. To avoid the administrative complexity of setting up and operating a second staff pension scheme under auto enrolment, such employers may instead offer to extend participation in their current pension scheme to currently non-pensionable employees. However, if even just one of these employees refused to join the staff scheme in favour of being automatically enrolled, the employer would still be compelled to undertake the cost of setting up and operating a second scheme. We also sought more information around the meaning of “employee”, defined in the legislation as “a person in receipt of emoluments”. Such a definition would extend to individuals already in full-time pensionable employment who also undertake additional work who will therefore be required to contribute to a second pension scheme. Communication is going to be key The government’s recent SME package put a premium on the importance of consultation and dialogue with SMEs and other groups before introducing new legislation or policy affecting them. Auto enrolment is an opportunity to put this into practice. The government now needs to publish a road map and stick to it. While feedback was invited as part of an initial public consultation in 2018, since then only a very basic four-page guidance note for employers has been issued by government. To gain and maintain momentum, extensive and continuous stakeholder engagement is needed - not least with employers and payroll providers, upon whom the successful operation of the new system will be largely dependent. In a survey of small businesses conducted by Chartered Accountants Ireland, almost 90% felt that businesses had not been adequately informed of the steps needed to be taken by them to comply with pensions auto-enrolment in time for an early 2025 start date. Interestingly, three quarters of those surveyed will be required to introduce the new pension scheme, and for many this will be alongside their existing occupational pensions. Businesses need to see what the journey to implementation will look like. In a high-cost environment, this will give much needed reassurance and help to allay concerns. What is a realistic timeline? In its pre-legislative scrutiny report on the Bill introducing auto-enrolment, the Joint Committee on Social Protection recommended a two-year lead-in period, following the Bill being signed into law, to allow sufficient time for implementation. Payroll providers have been consistent in highlighting the need for an initial pilot phase to facilitate testing of the new system and to allow sufficient time to assimilate auto enrolment with current payroll systems. Neither of these fit into a 2025 implementation timeline. If officials truly want auto-enrolment to be a success, this timeline should be revisited and a 2026 or beyond start date announced. They may wish to avoid yet another postponement to the launch of auto enrolment but what should really matter here is getting it done right and giving businesses a chance to adapt. This additional time needs to be wisely used, by facilitating ongoing dialogue between departments, third party partners in implementation, and the many business groups and stakeholders who have walked this long road to auto enrolment.

Aug 19, 2024
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News
(?)

The illusion of productivity: why monitoring employees is a step backwards

In an era of digital surveillance, employees resort to performative tactics like "mouse shuffling." True productivity thrives on trust, communication, and effective people management—not monitoring, writes Moira Dunne Have you heard of the ‘mouse shuffle’ or coffee badging’ or ‘productivity theatre’ yet? These terms refer to tactics used by employees to show that they are working hard. Why? Because they work in companies where surveillance tools are used to monitor performance. Where working visibility is valued more than actual productivity. Monitoring our employees A recent Forbes survey found that 43 percent of American employees say their online activity is being monitored in 2024. What are we doing? Why are we monitoring people and using surveillance tools? Where did it all go wrong? As a Productivity Consultant passionate about helping businesses improve by achieving productivity through employee motivation, engagement and empowerment, reading about performative tactics, surveillance and mistrust sadden me greatly. When and, perhaps more importantly, why did employers revert to such old-school thinking –  that being seen equals working hard? Of course, the shift to remote working since the pandemic has changed how we work, but matching that with intelligent thinking and planning will help us understand the implications of that change. Leaders should consider adopting an ‘old-school’ strategy to boost productivity – good old-fashioned people management! This involves communication, building one-to-one relationships, providing clear goals and direction, setting weekly targets, empowering people, and providing constructive feedback and training. Productivity tools Managers and team leaders have a key role in enabling productivity. Many of the barriers can be reduced or removed by good communication, clarity and allowing people to protect time for their priority work. Empowering employees is key to their productivity and well-being, and by providing tools to aid their productivity, you show your team that you’re all in this together, trusting them to achieve the organisation’s goals. Here are five ways to help employees feel empowered and productive: Reduce meetings and improve decisions, actions and follow-up; Put a smart email practice in place so less time is spent on email each day; Agree on team and individual priorities and plans every week; Identify distractions within the team (such as other departments taking resources, etc) and work to reduce them; and Minimise time spent on low-value activities. You need to work with your team to identify any productivity barriers and stress factors. Good people management We don’t need heavy-handed monitoring tools to manage our employees. We need human connection, leadership and to learn to trust our employees when they aren’t in our immediate eyeline. In his Forbes article about mouse shuffling, organisational consultant David Campbell stresses that only when companies start trusting employees more and focus on the work they produce—not on how much they seem to be working—will trends like the ‘mouse shuffle’ fade away. He predicts that better work-life balance and happier employees would be the result. “Businesses should measure success by results, not by how much time someone seems to be working,” Campbell advises. “They should trust employees to manage their time and focus on achieving their goals, rather than simply being online all the time.” Moira Dunne is Founder of beproductive.ie

Aug 16, 2024
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News
(?)

Macroeconomics and the global food industry

As the global economy faces constrained growth, high inflation, and regulatory pressures, the food industry must adapt to rising costs, technological disruptions, and geopolitical volatility, says Brian MacSweeney The 2024 economic outlook paints a mixed picture. Constrained growth across the leading economies, stubbornly high inflation, and slowness to ease the tightened monetary policy cycle mean industries are facing challenging operating environments. The food industry is no different and its relationship with these macro-economic factors is complex. For many years, the developed world has generally had a stable supply of cheap high-quality food. Recently, the status quo has been challenged. Brexit, war, labour shortages, supply chain disruption, regulation and climate change mean that the complex interlinkage will continue, but it will be more volatile than stable. Here are some of the global micro-trends and the impact they are having on the food and beverage sector. Labour availability and cost The current global labour trend is marked by shortages and increased costs. This has a ripple effect, slowing food production and distribution, and ultimately increasing the price of food. An example is the recent minimum wage increase in California for fast-food workers. This was an important step towards better living standards for workers, but the corollary is higher food prices. Fast food prices across chains in California are increasing. At a time of higher inflation, this disproportionately affects cohorts from socially disadvantaged backgrounds which is a key trend globally in the industry.  Commodity prices and inflation The FAO Food Price Index (FFPI) for June 2024 stood at 120.6 points. To put this into perspective, the FFPI averaged 125.7 points in 2021, which was a 28.1 percent increase over 2020. Therefore, the current FFPI is lower than the average for 2021, but it is still relatively high compared to historical standards. This is driven by various macroeconomic factors including climate. The poor cocoa harvest in Ghana and Ivory Coast has caused cocoa prices to spike. Coffee, too, has experienced a similar fate, with futures of coffee spiking due to heatwaves affecting major producers in South-East Asia. While we await general inflation to subside due to continuing government interest rate intervention, events like climate keep food prices elevated.  Policy and regulation Europe leads the way when it comes to the regulation of food where labelling, nitrate levels, flavour use, and unfair trade practices all have been legislated over the last number of years. The introduction of the Corporate Sustainability Reporting Directive (CSRD) in the EU is having a transformative effect. While regulation means well, it can impact food yield and cost. In terms of price, not every government is explicitly regulating food prices, but because the cost of food is one of the clear ways the population sees inflation impacting their wallets, governments are intervening because they want the price of food kept flat or even reduced. Recently, the Canadian Prime Minister summoned CEOs of Canada’s five largest retailers and gave them a deadline to reduce the price of food, warning they would be subject to heavier regulation if they didn’t comply. Similar conversations are happening in various jurisdictions around the world, putting real pressure on the margins and cash flow.  Geo-politics Geopolitical instability, particularly war, has a profound impact on consumers and producers alike. For example, the impact of Brexit on food availability in the UK and the effect of the war in Ukraine on grain prices are well documented. The simple diversion of shipping from the Strait of Hormuz because of Houthi attacks that disrupt vital shipping routes to around the Horn of Africa has added days to supply chains and cost increases for consumers. These events are becoming more frequent making outlooks more unpredictable.  Disruption and technological advancement The pace of technological advancement is a significant challenge but also an enormous opportunity. AI and weight suppressing medications are key emerging disruptors. AI can significantly impact the value chain right from crop yield monitoring to customer experience. Weight loss drugs, such as Wegovy and Ozempic are not widely available in Ireland, but the pipeline of new alternatives including orally ingested drugs may alter consumer eating habits and food preferences, leading to a decrease in the consumption of high-calorie snacks and fast food. This disruption is a prominent agenda item for the boards considering their product offerings and strategies.  Optimism and opportunity Despite the challenging macro environment, we are beginning to see an easing of inflationary pressures due to the tight monetary policies pursued by central banks around the world. As inflation calms, monetary policy and interest rates will fall. This will drive a renewed consumer demand which will stimulate economic growth. The food industry is well-versed in managing economic cycles and has always been resilient and adaptable. It has consistently demonstrated its ability to evolve through challenges and changes over the years. During this period, there is huge opportunity for the Irish food industry. Already, Ireland is leading the way in sustainability. The acquisition profile of our companies is strategic and niche in sectors like food preservation, for example. The integration between food and energy companies is becoming more pronounced, with solar farms emerging alongside food plants and ongoing trials for bio-methane production – this is to solve the emissions problem. Moreover, our universities are spearheading cutting-edge research and fostering strong industry collaborations. While the landscape presents its challenges, it also offers great opportunities. As always, the future holds promise and potential for those ready to adapt.  Brian MacSweeney is a Audit Partner at KPMG

Aug 16, 2024
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News
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Northern Ireland's restructuring market post-pandemic

Despite severe economic challenges, Northern Ireland has avoided the wave of corporate failures seen in England and Wales, though future risks remain uncertain, writes Gareth Latimer Since the onset of the global pandemic in March 2020, assessing the restructuring market has become increasingly important. This is evident by the recent publication of The Northern Ireland Labour Market Report and The Company Insolvency Statistics for Northern Ireland, which gives a detailed analysis of redundancies and insolvencies in Northern Ireland. Below, we discuss what this trend could mean. Redundancies and insolvencies in Northern Ireland Published in July this year, The Northern Ireland Labour Market Report has put the annual number of confirmed redundancies in Northern Ireland up to June 2024 at 2,560 – almost double the figure for the previous year (1,340). Similarly, The Company Insolvency Statistics for Northern Ireland for June 2024 highlighted 17 corporate insolvencies in June 2024, which was 13 percent higher than in June 2023. Understanding the statistics As with any statistics, we must delve beyond the headlines to see their impact on the Northern Ireland market. The raw numbers tell one story, but the underlying trends and their broader implications reveal much more about our economic landscape. Initial predictions and government intervention When the COVID-19 pandemic hit the UK in March 2020, some commentators predicted a ‘tsunami of corporate failures and mass redundancies’. Thanks to the introduction of the Coronavirus Job Retention Scheme, commonly known as the Furlough Scheme, the predicted large number of redundancies did not occur. Additional liquidity measures Several other liquidity measures, including the Bounce Back Loan Scheme (BBLS) and the Coronavirus Business Interruption Loan Scheme (CBILS) also played their part in staving off the large number of corporate failures many had predicted. Financial lifelines, in the form of loans and grants, were available to allow companies to survive the various lockdowns and the unprecedented drop in GDP in April and June 2020. However, having recovered from the economic effects of the pandemic, we then had the Russia-Ukraine war and the subsequent energy crisis. High inflation and interest rates followed. It is no wonder, then, that companies have been struggling. New insolvency procedures To help companies facing insolvency, two new procedures were created when The Corporate Insolvency and Governance Act 2020, which also applied to Northern Ireland, was implemented. Company moratorium: Designed to give struggling businesses formal breathing space in which to explore rescue and restructuring options, free from creditor and other legal action. Except in certain circumstances, insolvency proceedings cannot be instigated against a company during the moratorium period. Restructuring plans: Introduced to support viable companies struggling with unmanageable debt obligations. These plans allow the court to sanction a plan that binds creditors to a structuring plan if it is deemed fair and equitable. Creditors vote on the plan, but the court can impose it on dissenting classes of creditors (cram down) if the necessary conditions are met. However, despite the introduction of these new procedures, between 26 June 2020 and 30 June 2024, there was only one moratorium in Northern Ireland and no restructuring plans. The figures suggest that these options may hold less relevance for the Northern Ireland market compared to more traditional restructuring options. Labour market report insights One might have expected the Northern Ireland Labour Market Report to paint a bleak picture. The UK economy slipped into a mild recession in 2023, and the cost of living crisis continues. However, the anticipated surge in redundancies due to corporate failures has not materialised.  In fact, the unemployment rate in Northern Ireland for March to May 2024 fell over the quarter and the year to 2 percent. It is useful here to analyse and compare the June 2024 insolvency statistics. Northern Ireland saw 17 company insolvencies. And while each of these cases demonstrates financial distress for the company and employees involved, considering the economic backdrop, one might have anticipated a higher number of corporate failures. Indeed, this picture contrasts sharply with the headline insolvency statistics from England and Wales, where registered company insolvencies in June 2024 reached 2,361 – 16 percent higher than in May 2024 and 17 percent higher June 2023. The number of company insolvencies in England and Wales have remained much higher than those seen both during the COVID-19 pandemic and between 2014 and 2019. The disparity suggests that Northern Ireland’s insolvency rate is proportionately lower than that of England and Wales. Whether this resilience will hold, or if the rising tide of corporate failures in England and Wales will eventually reach these shores, remains to be seen. Future outlook with new government Given the recent Labour Party landslide victory in the UK, many are wondering how this shift will impact corporate failures and job redundancies. The new Chancellor, Rachel Reeves, is poised to play a crucial role. A former Bank of England employee, Reeves has continually stressed the importance of fiscal discipline, and given the current state of public finances, she may have no choice. It appears that the economic strategy is to grow the economy, and this will improve the Treasury coffers; easy to say but harder to deliver. The future It seems that in 2024, Northern Ireland has been somewhat insulated from the wave of corporate failures sweeping through England and Wales. While specific factors contribute to this relative calm, the recent reports suggest that, despite ongoing economic pressures, we’ve seen more of a ripple than a tsunami of insolvencies. Thankfully, the anticipated surge in corporate failures has not materialised. Clearly, this is positive news for the economy. Yet, with the recent economic headwinds, one can’t help but wonder if we are simply delaying the inevitable. Will 2025 finally bring the wave of corporate failures some have been expecting? Only time will tell. Gareth Latimer is a Director at Grant Thornton NI

Aug 16, 2024
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Sustainability
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Sustainability/ESG bulletin, Friday 16 August 2024

  In this week’s Sustainability/ESG bulletin, read about Ireland’s new €250 million Seed and Venture Capital Scheme, which will help SMEs scale with a focus on ESG and sustainability. Also covered is Northern Ireland’s Low Carbon/Net Zero Sectoral Action Plan, a review into sharing adaptation actions, a report finding stark gaps in corporate environmental and social responsibility, and the usual articles, resources and events. Ireland/Northern Ireland news New Seed and Venture Capital Scheme to help SMEs scale with a focus on ESG and sustainability  The Minister for Enterprise, Trade and Employment, Peter Burke, T.D., has announced a new cycle of the Seed and Venture Capital Scheme. The new cycle will operate from 2025 to 2029 and will have a record allocation of €250 million. Administered by Enterprise Ireland, the Scheme will provide funding for Irish companies in their early stages of development. Commenting on the announcement, Leo McAdams, Enterprise Ireland, said that the scheme will play a role in stimulating the Irish economy, by supporting SMEs to, among other things, “scale with a focus on ESG, sustainability and regional activity.” Northern Ireland’s Low Carbon/Net Zero Sectoral Action Plan   Northern Ireland’s Economy Minister Conor Murphy recently launched sectoral action plans for seven of the most innovative, productive and internationally oriented parts of the region’s economy. The Low Carbon/Net Zero Sectoral Action Plan in particular mentions that the region can become a ‘greenshoring’ destination of choice for companies wishing to establish a low carbon/net zero manufacturing base and supply chain.  Read the plan here. Europe news A new European Environment Agency (EEA) review of the EU’s Climate-ADAPT online platform shows that sharing examples of adaptation actions can boost learning across the EU to help societies better prepare for climate change. The  briefing, Preparing society for climate risks in Europe, stresses the need to scale up adaptation measures and actions across all policy sectors and governance levels to address escalating climate risks like extreme heat, drought, wildfires and flooding. The review comes after record-breaking high temperatures across Europe in July, which saw heatwaves causing loss of life, particularly in Southern Europe.  World news A new report finds ‘stark gaps’ in corporate environmental and social responsibility. The Nature Benchmark, published by the World Benchmarking Alliance’s (WBA), tracks and measures how over 800 major corporations across 20 industries are reducing their negative impacts on nature and contributing to the protection and restoration of ecosystems. The study found ‘a pervasive gap’ between the high-level commitments made by many large corporations to safeguard nature and the tangible action plans required to realise these commitments, and deficiencies in collecting and disseminating robust data to substantiate claims of meaningful progress. Sustainability Reporting and Assurance Diplomas starting soon With the mandatory corporate Sustainability Reporting and Assurance in the EU starting this year, Chartered Accountants Ireland’s Sustainability Diplomas are back for the Autumn Schedule for our Professional Development courses.  Diploma in Sustainability Reporting is designed for chartered accountants and others leading the implementation of the new European Sustainability Reporting Standards (ESRS).  Our Diploma in Auditing and Assuring Sustainability Reporting is tailored for Chartered Accountants and others seeking to conduct sustainability assurance and become licensed as Sustainability Assurance Service Providers (SASPs).  Articles Chartered Star 2024 winner Evan O’Donnell talks to Susan Rossney, Sustainability Advocacy Manager with Chartered Accountants Ireland, about the future of sustainability in the profession (Accountancy Ireland) SMEs, the supply chain and the sustainability agenda (Accountancy Ireland) Being your own advocate at work - especially if you're neurodivergent (Accountancy Ireland) Sustainability and Finance: How Ireland meets the industry’s emerging skills need (IDA Ireland) Bosses cut flying day trips as travel settles into permanent ‘new normal’ (Financial Times) Britain to propose law next year to regulate ESG raters (Reuters) ‘Massive disinformation campaign’ is slowing global transition to green energy (The Guardian) Moving Beyond ESG - a new playbook for responsible business - Robert G. Eccles (Harvard Business Review) Podcasts The Guardian -  The dangers resulting from extreme heat, and what society can do to mitigate them (30 minutes) Transforming Tomorrow  - Short, accessible listens on sustainability and business. Professor Jan Bebbington and Paul Turner cover externalities and other topics (23 mins) Did you know? The BBC is putting climate change at front of broadcasting, and wants to boost sustainability education, halve emissions by 2030 and become net zero by 2050. As a signatory of The Climate Content Pledge, the BBC aims to use its content to educate and inspire viewers on climate issues. Notable efforts include integrating climate change themes into popular programs like Blue Planet, DIY SOS and Top Gear. Upcoming Events Chartered Accountants Worldwide Special Edition This special episode of the "Difference Makers Discuss Live" series will be hosted by Ainslie van Onselen, Chair of Chartered Accountants Worldwide. Ainslie will join Jessica Fries, Executive Chair of A4S and a Chartered Accountant from the Institute of Chartered Accountants in England and Wales. Jessica will share insights into her career path and role at A4S, as well as discuss the current global sustainability landscape and Chartered Accountants' impact on advancing sustainability. Virtual, Thursday 22 August | 6:00pm – 6:30pm A4S (Accounting for Sustainability) Pensions Deep Dive: Using a narrative scenario approach for asset allocation Mirko Cardinale, Head of Investment Strategy, USS Investment Management, will share insights on using a narrative scenario approach within investment decision-making processes, and how this affected USS's thematic investment outlook and strategic asset allocation review. There will also be a Q&A discussion on the practical implementation of narrative scenarios to support the asset allocation process. In person/virtual: 5 September, 16.00–17.30 BST A4S (Accounting for Sustainability) Sustainability in Action Webinar: Net zero – Scope 3 for the real economy Register for this webinar to receive practical advice for measuring and reducing your scope 3 emissions. During the webinar, we will discuss the pivotal role that finance teams can play in addressing scope 3 emissions. Practical examples shared during the webinar will help you translate the experience and learnings of others to your work. In person, 10 September,16:00 BST Premier Publishing & Events, Northern Ireland Sustainability Summit The 2024 Northern Ireland Sustainability Summit is being held in the TEC, Belfast on the 12th of September with an impressive line-up of Sustainability leaders, academics and government agencies who will engage in a stimulating blend of keynote addresses and debates. The theme is ‘Creating an Innovative and Sustainable Manufacturing & Supply Chain Ecosystem’ In person, Titanic Exhibition Centre Belfast, 12 September  Chartered Accountants Ireland, The SME and SMP Sustainability Workshop A workshop for SMEs and small/medium accounting practices (SMPs) on how to get ahead of the sustainability curve. This interactive half-day session will focus on positive actions you can take to understand the ‘trickle-down’ effect of the Corporate Sustainability Reporting Directive ('CSRD’), green public procurement, access to sustainable finance, and how to make your practice more sustainable to save costs and respond to staff and client demands. Virtual, Chartered Accountant House, 13 September, 9.30- 12.30; €60 members; €75 non-members; 3 hours CPD points. EPA, Circular Economy Conference 2024 Online and in-person (Aviva Stadium, Dublin), 25 September Dublin Chamber, The Sustainability Academy Dublin Chamber is running its Sustainability Academy again this year with workshops offering a unique opportunity to gain a comprehensive and well-rounded understanding of sustainability. This course fee includes a free one-hour, post-workshop one-on-one advisory consultation per company with an expert advisor. Virtual, starting 27 September ESG Summit Europe, ESG Summit Europe 2024 In person, Madrid, October 1-2  ICAEW, Annual Conference 2024 Discover forward-looking insights on the economy, with a particular focus on sustainability, leadership, and technology designed to help you navigate a rapidly evolving external environment, drive business growth and discuss how to build a better, more resilient economic future. In person, Convene, London UK, 4 October,  8:00 - 17:00 BST    Environment Ireland, Environment Conference Environment Ireland® is Ireland’s major environmental policy and management conference. Now in its 20th year, this important event features a range of focused sessions highlighting the pressing issues facing the environment in Ireland and further afield. In person, Croke Park, 17 October Chartered Accountants Ireland ESG Masterclass: Take your sustainability knowledge to the next level (ROI/NI) Masterclass designed for all professional accountants working in business or practice, wishing to consolidate their knowledge and understanding of the sustainability regulatory, reporting and assurance landscape. 24 October, 08:30 – 12.00, Virtual IAFA & IAASA  Integrating Sustainability Reporting and Assurance into Accounting Education Conference The conference is a collaboration between IAFA and the Irish Auditing and Accounting Supervisory Authority (IAASA) and aims to build awareness of the implications of sustainability reporting & assurance for accounting education, and to foster meaningful dialogue & collaboration among stakeholders to drive positive change. It will explore: Challenges and opportunities facing accounting education in the context of sustainability reporting and assurance, Corporate Sustainability Reporting Directive (CSRD) and its implications for accounting education, Future skills for sustainability reporting and assurance, Strategies for enhancing accounting education and student skills development. In person, 1 November, Maynooth University Network for Chartered Accountants working on ESG projects Are you a Chartered Accountant working in ESG or working on ESG-related projects? Would you like an opportunity to engage with other Chartered Accountants working in this space to share insights, challenges and opportunities? Chartered Accountants Ireland now has a network to allow members working in sustainability/ESG to meet and discuss all matters of interest re ESG and accounting. Next meeting: Wednesday, 28 August, 14:00-15.30 Zoom If you would like to attend, please email sustainability@charteredaccountants.ie You can find information, guidance and supports to understand sustainability and meet the challenges it presents in our online Sustainability Centre.

Aug 16, 2024
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The role of mindfulness in enhancing workplace creativity: A cultural perspective

Practices, such as meditation and mindful breathing, help individuals regulate their attention and emotions. This regulation leads to a balanced mental state, allowing for greater cognitive flexibility and creative problem-solving. Cognitive psychology suggests that a calm and focused mind is better equipped to generate innovative ideas. Chronic stress impedes creative thinking by limiting cognitive resources. Mindfulness reduces stress by promoting relaxation and fostering a positive mental state has shown that lower stress levels correlate with higher creative output, as individuals are more open to exploring new ideas and taking risks. Enhancing interpersonal relationships Mindfulness enhances empathy and communication skills, which are crucial for effective teamwork. A theory that puts this into practice and provided evidence-based research is the social exchange theory, positive interactions between colleagues builds trust and cooperation, creating an environment where creative ideas can flourish. By fostering better relationships, mindfulness contributes to a supportive and collaborative workplace culture. A mindful workplace culture encourages openness and reduces fear of judgment, which are essential for creativity. Organisational behaviour theories highlight the importance of a positive organisational culture in promoting innovation. When employees feel safe to express their ideas without fear of criticism, they are more likely to think outside the box and contribute creative solutions. Inclusivity and diversity Mindfulness practices can also promote inclusivity and respect for diversity, further enhancing creativity. By encouraging non-judgmental awareness and acceptance, mindfulness helps create a culture where diverse perspectives are valued. This inclusivity leads to a richer pool of ideas and innovative solutions. Mindfulness training programs Many organisations have successfully implemented mindfulness training programs to enhance employee wellbeing and creativity. These programs typically include guided meditation sessions, mindfulness workshops, and ongoing practice support. Case studies from various industries demonstrate the positive impact of such programs on both individual and organisational performance. Beyond training programs, integrating mindfulness into the organisational culture is crucial. This can be achieved through leadership commitment, regular mindfulness practices, and creating spaces for reflection and meditation. By embedding mindfulness into the company’s values and practices, organisations organisations can sustain a culture that supports creativity. Measurement and evaluation To assess the effectiveness of mindfulness initiatives, organisations can employ both qualitative and quantitative research methods. Surveys, interviews, and creativity assessments can provide valuable insights into how mindfulness practices influence employee creativity. Social sciences methodologies, such as thematic analysis and statistical modelling, are useful tools for evaluating these outcomes. New areas of study The intersection of mindfulness and workplace creativity presents numerous opportunities for further research. Future studies could explore the long-term effects of mindfulness on creativity, the role of individual differences, and the impact of organisational context. Interdisciplinary research, combining insights from psychology, sociology, and organisational behaviour, can provide a comprehensive understanding of these phenomena. Practical benefits Understanding the social sciences perspective on mindfulness and creativity offers practical benefits for businesses and employees. Organisations can leverage this knowledge to design effective wellbeing programs and foster a mindful and creative workplace that not only enhance employee satisfaction but also drive innovation.  This article was written by the Institute's DCU Intern, Jennifer Lukikeba, on behalf of Thrive. Jennifer is currently studying Social Science and Cultural Innovation in DCU, entering into her final year this September. In partnership with DCU's Access to the Workplace programme, the Institute hosted Jennifer as part of its professional summer internship placements.  For more advice or information, contact the team by email at: thrive@charteredaccountants.ie  or by phone: (+353) 86 0243294.   

Aug 15, 2024
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News
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The rise of the fractional executive

Fractional executives can bring genuine value to business leaders, offering specialised knowledge and niche experience on a flexible basis, writes Tony Dignam The business landscape has undergone significant transformation in recent years, driven by advances in technology, economic shifts and evolving work patterns.  One notable trend that has emerged is the rise of the fractional executive. These seasoned professionals offer their expertise to multiple companies on a part-time or “fractional” basis, providing strategic leadership without the commitment of a full-time role.  What is a fractional executive?  A fractional executive is an experienced leader who offer their services to businesses on a flexible basis as and when needed.  They can occupy various roles such as Chief Finance Officer, Chief Marketing Officer, Chief Technology Officer, and more.  These professionals can bring a wealth of experience and specialised skills to the table, helping companies navigate complex challenges and phases of growth or change.  Benefits of the fractional executive The concept of a fractional executive is not entirely new, but it has gained significant traction in recent years.  Economic uncertainties and the need for cost-effective solutions have driven many businesses to reconsider traditional employment models.  Hiring a full-time executive can mean a substantial overhead, especially for small and medium-sized enterprises that may not have the budget for high salaries and benefits packages.   Fractional executives offer a more affordable alternative, potentially allowing companies to access top-tier talent “on demand”.  The gig economy has revolutionised the way people work, with a particular emphasis on flexibility and project-based engagements.  Fractional executives fit perfectly into this model, offering their expertise for specific projects, limited periods or ongoing for an agreed number of days per week or per month.  This flexibility benefits both the executive, who enjoys diverse work experiences, and the company they work with, which can tap into specialised skills as needed.   Access to specialised expertise  Fractional executives often have broad subject matter expertise and plenty of relevant experience they can bring to the table and fast. Many will have held senior positions in their field and possess a deep understanding of best practices in their industry.  This knowledge can be invaluable for businesses looking to implement strategic initiatives or navigate complex change or growth.  Flexibility and scalability  One of the main advantages of fractional executives is their flexibility. Companies can engage them for specific projects, short-term needs, or on an ongoing fractional basis.  This scalability can give businesses more scope to adjust their executive resources according to their existing needs without long-term commitments.  Cost-effective leadership  Hiring a full-time executive can be a significant financial burden, especially for smaller companies. Fractional executives can offer a cost-effective alternative, potentially providing access to top-tier leadership at a lower cost.  This financial efficiency can be crucial for start-ups and SMEs operating on tight budgets, or for employers for whom long-term senior executive needs are harder to forecast.  Fresh perspectives  Fractional executives often work with multiple companies across different industries. This diverse experience means they can bring fresh and innovative perspectives to the businesses they serve.  Their ability to think outside the box can help companies to overcome challenges and seize new opportunities.  These executives sometimes also bring the benefit of fresh contacts and networks to senior teams, which can add value to scaling businesses. This means that the fractional executives can support and enhance business leadership by offering specialised expertise on a flexible, cost-effective basis.  Tony Dignam, FCA, is Managing Director of The Agile Executive

Aug 08, 2024
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News
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How failure can fuel innovation and success

Embracing failure as a learning opportunity can drive innovation, turning business setbacks into strengths and fostering growth, writes Joanne Powell One of the challenges of innovation, advancement and continuous improvement is that sometimes getting it wrong is inevitable. No one likes to fail. We’re naturally predisposed to want to achieve and do better. Whether in life or in business, innovation, advancement and achievement are key markers of success. Traditionally, failure is either not an option or it is perceived as a sign of weakness. There is a growing body of thought that challenges traditional perspectives on failure, however. Business leadership author Simon Sinek talks about “falling” rather than “failure” – i.e. because you can get up from a fall and move forward. Amy Edmondson, Professor of Leadership at Harvard Business School, has written extensively on the notion that it “…doesn’t matter if you fail. It matters how you fail”. New York Times bestselling author, John C Maxwell, has noted that, “the difference between average people and achieving people is their perception of and response to failure.” There are any number of articles from Forbes, HBR and other notable journals in a similar vein. The key message is that failure can be a very positive catalyst for success – but only if done well. Doing failure ‘well’ means seeing it as a key part of the process: a chance to learn, to reflect and to move forward. It can also help to see lessons learned from failure as part of the inevitable tapestry of life. One of the ways I practice this myself is through inspiration from Mary Wallace, the Irish artist. Her popular Precious Bowls series is inspired by two Japanese concepts: Kintsugi: using gold or other precious metal to repair broken pottery. Wabi-sabi: seeing beauty in imperfection. For me, ideas around learning from failure really come together with the concept of wabi-sabi and the idea of “beauty in imperfection”. Some sources translate the concept of wabi-sabi as “nothing is perfect”, which is considered to be inherently positive as it suggests that there is always potential for 'more'. Kintsugi is an equally wonderful tradition, as it treats flaws and imperfections as part of the history of an object rather than something to be disguised or hidden. In the context of business, this can provide a constructive lens through which to process “failure” and to see the final product (or latest iteration) as being stronger and even more precious because of the journey it has travelled. I keep one of the Mary Wallace ‘Precious Bowls’ prints over my office desk. Every time I look at it, I’m reminded of three key principles: Every project or strategy has potential – The ethos behind any project or strategy should be one of continuous improvement. You must recognise that nothing is perfect and, instead, optimise the potential available. The ability to innovate and remain agile and open to change is key. Innovation requires us to take calculated risks and be open to the prospect of failure. It is knowing and understanding that sometimes we get it “wrong”, that strategies and innovations don't always produce the desired impacts. Wabi-sabi reminds me to take time to reflect and learn from “failure”, and to produce something better. Create and encourage strong, trust-filled and (psychologically) safe organisations. By creating a culture where stakeholders are encouraged to reflect and to find ways to improve, we are, in a way, creating our own version of kintsugi, where failure is recognised as an inevitable side-effect of any organisation that values innovation and progress. It is how we respond to these “failures” that matters most. Joanne Powell is Head of Advisor Services at QED: The Accreditation Experts

Aug 08, 2024
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News
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Being your own advocate at work

Advocating for yourself at work is vital, especially if you're a neurodivergent person. Antje Derks explains how to navigate workplace challenges and secure the support you need Advocating for yourself in the workplace can be challenging for anyone, but it can be especially daunting for those who are neurodivergent. Neurodivergence encompasses a range of conditions, including autism, attention-deficit/hyperactivity disorder (ADHD), dyslexia and other cognitive differences that affect how individuals think, learn and interact with the world. While these differences can bring unique strengths to the workplace, they can also create specific needs and challenges. Understanding how to ask for reasonable accommodations and advocate for yourself is crucial for thriving in your professional environment. Neurodivergent individuals often have distinct ways of processing information, communicating and completing tasks. These differences can be assets, bringing innovative perspectives and problem-solving skills to a team. The traditional workplace environment may not always be conducive to neurodivergent work styles, however, leading to potential misunderstandings and obstacles. Workplace challenges Neurodivergent individuals often face specific challenges in the workplace. Sensory sensitivities, such as noise, lighting or office layouts, can overwhelm a neurodivergent brain, leading to overstimulation. Organisational and time management difficulties can also arise, as can challenges with social interactions and communication. Many neurodivergent colleagues appreciate clear, explicit instructions and feedback. The more precise and direct the language, the better. While this approach works well for many, it's important to remember that neurodivergence varies greatly from person to person. There is no one-size-fits-all solution. Self-advocacy Self-advocacy involves understanding your own needs and communicating them effectively to others. For neurodivergent individuals, self-advocacy is essential for creating a work environment that supports their success. Here are key steps to advocate for yourself effectively. Familiarise yourself with workplace policies and legal protections related to disabilities In many countries, laws provide the right to reasonable accommodations. Take time to reflect on your specific needs and how certain accommodations can help you perform your job better. This might include flexible work hours, noise-cancelling headphones or written instructions for tasks. Schedule a meeting with your manager or HR representative to discuss your needs. Prepare to explain your neurodivergence in a way that highlights both your strengths and the challenges you face. Remember to use clear and specific language when requesting accommodations. For example, instead of saying, "I need a quieter workspace," you might say, "I need a desk in a quieter area of the office to help me concentrate better." It is important to try and frame your requests in a way that shows you are looking for solutions that benefit both you and the company. Emphasise how the adjustments will help you to be more productive and contribute effectively to the team by suggesting reasonable accommodations that are specific and actionable. For example, "Can I have a standing desk to help me stay focused?" or "Can we have a weekly check-in meeting to ensure I am on track with my projects?" will show your manager that you are actively seeking to take responsibility for yourself rather than shifting all the expectation on to them. Make reasonable adjustments depending on your needs Reasonable adjustments vary depending on individual needs and job requirements. Flexible work arrangements, such as remote work, flexible hours or modified schedules, can help manage sensory overload and align work with peak productivity times. Assistive technology, including speech-to-text software, organisational apps or noise-cancelling headphones, can aid concentration and efficiency. Physical workspace adjustments, like a quieter workspace, a standing desk or specific lighting, can create a more comfortable and productive environment. Structured communication, with clear, written instructions and regular feedback, ensures understanding and proper task execution, while regular check-ins can provide ongoing support and clarification. Additionally, access to a mentor or job coach who understands neurodiversity can offer valuable support and guidance. Monitor the effectiveness of the adjustments Communicate with your manager or HR about how well (or not) the adjustments are working for you. If things need tweaking slightly, don't hesitate to request them. Keep records Keep a record of your communications and any agreements made. This documentation can be helpful if you need to revisit the discussion or if there are any disputes. Promoting an inclusive workplace culture Advocating for yourself is an important step, but fostering a more inclusive workplace culture requires broader efforts from the whole organisation. Employers and colleagues can contribute by promoting awareness and understanding of neurodiversity through training and education, as well as encouraging open dialogue about individual needs and adjustments. But most importantly, it is about helping to create a supportive environment where all employees feel valued and included – whether they’re neurodivergent or not. By advocating for yourself and working towards a more inclusive workplace, you can not only enhance your own job satisfaction and performance but also contribute to a diverse and dynamic work environment where everyone's unique strengths are recognised and valued. Antje Derks is a Marketing Executive with Chartered Accountants Worldwide

Aug 08, 2024
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Professional Standards
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Changes to Professional Indemnity Insurance requirements

Further to the notice in our most recent Regulatory Bulletin regarding proposed changes to the Institute’s Professional Indemnity Insurance (PII) requirements, these changes have now been approved by the Professional Standards Board and revised Public Practice Regulations will come into effect on 1 September 2024.  The revised Public Practice Regulations will be available on the Professional Standards website from 1 September 2024. Main changes The main changes to the PII requirements are as follows: The minimum limit of indemnity will increase from €2.14m (£1.5m) to €2.34m (£2m). For firms with a gross fee income which is below €936,000 (£800,000), the minimum limit will be two and a half times the firm’s gross fee income, subject to a minimum of €290,000 (£250,000) (this is an increase from €142,000 or £100,000). Larger firms with gross fee income over €58.5m (£50m) will not be required to put in place ‘qualifying insurance’ but must have in place appropriate arrangements which will be monitored. (Currently this approach is available to firms with 50+ principals.) For firms that will be required to put qualifying insurance in place, the maximum aggregate excess should not exceed the higher of €3,500 (£3,000) or 3% of a firm’s gross fee income. Firms insuring in a group arrangement can be treated as single entity for the purposes of the regulations providing that certain criteria are met.  Firms in the structure can: (a) demonstrate common ownership, control or management; and (b) can demonstrate that they are aimed at co-operation, and (c) meet at least one or more of the following criteria: ·        the firms within the structure are clearly aimed at profit or cost sharing; ·        the firms within the structure share common quality control policies and procedures; ·        the firms within the structure share a common business strategy; ·        the firms within the structure share the use of a common brand-name; ·        the firms within the structure share a significant part of professional resources. Firms continue to be required to have run off cover in place for the first two years after cessation.  Firms should then take “all reasonable steps” to put run off cover in place for a further four years. The existing additional PII requirements for firms licensed under the Designated Professional Body Handbook or authorised by the UK Financial Conduct Authority to conduct insurance distribution activities (extant Public Practice Regulation 7.18) and firms authorised under the Investment Business Regulations (excluding firms that perform referral only business) (extant Public Practice Regulation 7.18A) continue to apply and are unchanged at this time.  Firms within the scope of 7.18A can however expect increases to the prescribed limits for policies renewing on or after 1 January 2025.  Firms will receive further information on these changes in due course. Timeline There will be a transitional period and the new requirements relating to minimum limits and excess will only apply to new policies once a firm renews its PII after 1 September 2024.  These new requirements will therefore apply to all firms from 1 September 2025.  Preparing for the changes In view of the changes, it is more important than ever for firms to engage early with their broker to identify if any changes will need to be made to the policy at next renewal, work out the relevant level of cover needed going forward, as well as carrying out the usual risk assessment. Members or firms who have any queries in relation to these changes should email professionalstandards@charteredaccountants.ie

Aug 07, 2024
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