S.I. No. 11/1934 - The Moneylenders (Exemption of Bodies Corporate) Regulations, 1934.
STATUTORY RULES AND ORDERS. 1934. No. 11. | ||||||||
THE MONEYLENDERS (EXEMPTION OF BODIES CORPORATE) REGULATIONS, 1934. | ||||||||
THE MONEYLENDERS (EXEMPTION OF BODIES CORPORATE) REGULATIONS, 1934, MADE BY THE MINISTER FOR INDUSTRY AND COMMERCE ON THE 1st day OF JANUARY, 1934, UNDER SECTION 6 (e) OF THE MONEYLENDERS ACT, 1900, AS AMENDED BY THE MONEYLENDERS ACT, 1933. | ||||||||
WHEREAS by section 1 of the Moneylenders Act, 1933, it is amongst other things enacted that in the said Act the word "Moneylender" has the meaning assigned to it by the Moneylenders Act, 1900, as amended by the said Act. | ||||||||
AND WHEREAS by section 6 of the Moneylenders Act, 1900, as amended by the Moneylenders Act, 1933, it is provided that "the expression `Moneylender' shall include every person whose business is that of money-lending, or who advertises or announces himself or holds himself out in any way as carrying on that business; but shall not include, inter alia— | ||||||||
(e) Any Body Corporate for the time being exempted from this Act by order of the Board of Trade made and published pursuant to regulations of the Board of Trade." | ||||||||
NOW THEREFORE the Minister for Industry and Commerce in exercise of the powers conferred on him by paragraph (e) of section 6 of the Moneylenders Act, 1900, as amended by the Moneylenders Act, 1933, and of every other power him in this behalf enabling hereby revokes the Regulations dated 25th October, 1900, made by the Board of Trade as to the exemption of bodies corporate from registration under the Moneylenders Act, 1900, and makes the following Regulations in lieu thereof:— 1. These Regulations may be cited for all purposes as the Moneylenders (Exemption of Bodies Corporate) Regulations, 1934. 2. In these Regulations:— | ||||||||
the expression "the Minister" means the Minister for Industry and Commerce; | ||||||||
the expression "the Act" means the Moneylenders Act, 1900. 3. The Interpretation Act. 1923, applies to the interpretation of these Regulations in like manner as it applies to the interpretation of an Act of the Oireachtas. 4. Every application for exemption from the Act shall be made on foolscap paper in the Form A hereto annexed, and shall be signed by some responsible officer by and on behalf of the Body Corporate seeking for such exemption. 5. Such application shall be accompanied by— | ||||||||
(a) In the case of a Body Corporate registered under the Companies Acts, a copy of the Memorandum and Articles of Association and, in other cases, a copy of the Charter, Deed of Settlement, or other document of Incorporation, and the Regulations governing the rights of members, such copies being certified by some responsible officer of the Body Corporate as true copies. | ||||||||
(b) A Statutory Declaration by a responsible officer of the Body Corporate setting out the nature of the business carried on by the Body Corporate. | ||||||||
(c) A copy of the last Balance Sheet. 6. The Minister may require, and the Body Corporate (if so required) shall supply such further information by Statutory Declarations, production of documents, or otherwise, as the Minister may think proper, concerning the constitution, objects, and financial position of the Body Corporate, and also concerning the manner in which the said Body Corporate has carried on the business. 7. The Minister may, if he thinks fit, require notice of the application to be advertised in such papers as he may direct. 8. If, in the opinion of the Minister, the Body Corporate is a proper one for exemption from the Act, the Minister may make an Order exempting such Body Corporate from the Act upon such conditions and for such period as the Minister may think fit. Such Order shall be in the annexed Form B, or in such other form as the Minister shall from time to time direct. 9. In the case of a Body Corporate registered under the Companies Acts, the Order shall be signed in quadruplicate by the Secretary of the Department of Industry and Commerce, or other officer of the Minister duly authorised by such Minister in that behalf. In all other cases such Order shall be signed in triplicate in manner aforesaid. One copy will be retained by the Minister and another copy will be forwarded to the Body Corporate. 10. The Minister will also forward another of such copies to the Revenue Commissioners, and, in the case of a Body Corporate registered under the Companies Acts, will forward the remaining copy to the Registrar of Joint Stock Companies. 11. The Body corporate shall forthwith publish a copy of the said Order in Iris Oifigiúil and in such other papers as the Minister may direct. | ||||||||
12. Upon the expiration of the period limited by any Order, the Body Corporate may make a further application for renewal of the Order of exemption, and the Minister may from time to time make further Orders exempting the Body Corporate from the Act upon such conditions and for such further period as the Minister may think fit. 13. The Minister may at any time by an Order signed in manner provided by Regulation numbered 9 hereof revoke any Order of exemption and shall cause notice of such revocation to be given to the Body Corporate, to the Revenue Commissioners and, in the case of Bodies Corporate registered under the Companies Acts. to the Registrar of Joint Stock Companies, and upon such revocation, the Body Corporate shall cease to be exempted from the Act. The Minister shall also cause a copy of the revoking Order to be published in Iris Oifigiúil. | ||||||||
By Order of the Minister for Industry and Commerce. | ||||||||
Dated this 1st day of January, 1934. | ||||||||
JOHN LEYDON, | ||||||||
Secretary, | ||||||||
Department of Industry and Commerce. | ||||||||
A. | ||||||||
THE MONEYLENDERS ACT, 1900. | ||||||||
APPLICATION FOR THE EXEMPTION OF A BODY CORPORATE FROM MONEYLENDERS ACT, 1900. | ||||||||
I,1 ............................................................ ..of ............................................................ .......in the County of , being duly authorised in that behalf by2 | ||||||||
hereby make application to the Minister for Industry and Commerce on behalf of the said3 , being a Body Corporate, incorporated by4 , | ||||||||
for an Order exempting the said Body Corporate from the Moneylenders Act, 1900, upon the following grounds:—5 | ||||||||
Dated this day of 19 . | ||||||||
(Signed) | ||||||||
(Here add official designation) | ||||||||
To The Secretary, | ||||||||
Department of Industry and Commerce, | ||||||||
Dublin. | ||||||||
(1) Here insert name and address and official designation of applicant. | ||||||||
(2) Here insert name and address of Body Corporate. | ||||||||
(3) Here insert name of Body Corporate. | ||||||||
(4) Here state whether incorporated by Charter, Deed of Settlement or other document of incorporation or under the Companies Acts. | ||||||||
(5) Here state grounds for exemption. | ||||||||
B. | ||||||||
THE MONEYLENDERS ACT, 1900. | ||||||||
ORDER OF EXEMPTION. | ||||||||
In pursuance of the powers conferred upon him by paragraph (e) of section 6 of the Moneylenders Act, 1900, as amended by the Moneylenders Act, 1933, the Minister for Industry and Commerce hereby orders that the 1 | ||||||||
whose address is1 | ||||||||
be exempted from the Moneylenders Act, 1900, for a period of three years from the date of the publication of this Order in the Iris Oifigiúil, or until earlier revocation of this Order by the Minister for Industry and Commerce. | ||||||||
| ||||||||
(1) Here insert full name and address of Body Corporate. | ||||||||
Department of Industry and Commerce, | ||||||||
Dublin. | ||||||||