The Companies Act 2014 provides for a four categories of offences, Categories 1 to 4. Throughout the Act, offences are, as created, categorised as attracting a particular category of penalty.
Section 871 of the 2014 Act sets out these penalties:
- Category 1 offence: conviction on indictment can result in a term of imprisonment of up to 10 years or a fine of up to €500,000 or both;
- Category 1 offence: summary conviction can result in a Class A fine or imprisonment for a term not exceeding 12 months or both;
- Category 2 offence: conviction on indictment can result in a term of imprisonment of up to five years or a fine of up to €50,000 or both;
- Category 2 offence: summary conviction can result in a Class A fine or imprisonment for a term not exceeding 12 months or both;
- Category 3 offence: a summary offence only, attracting a term of imprisonment of up to six months and a Class A fine (or both); and
- Category 4 offence: also a summary offence only, punishable by the imposition of a Class A fine.
A Class A fine is a fine within the meaning of the Fines Act of 2010, i.e. a fine not exceeding €5,000.