Industrial Development (Encouragement of External Investment) Act, 1958

Amendments of section 14 of the Act of 1934.

8.—(1) The following new subsection shall be inserted in section 14 of the Act of 1934—

“(3Α) (a) The Minister may from time to time serve notice in writing on any body corporate requiring such body corporate within twenty-eight days after the service of the notice to furnish a return stating—

(i) the value on a specified date of the fixed assets then used in its business, and

(ii) the original cost of those fixed assets.

(b) A notice under paragraph (a) of this subsection may also require the body corporate on which the notice is served to include in the return to be made by it, particulars (including nil particulars) of the following—

(i) the amount of any grant made to it out of moneys provided by the Oireachtas or by any body established by or under any enactment,

(ii) the amount of its reserves in so far as they have been provided out of profits,

(iii) any amounts due by it in respect of hire-purchase agreements, within the meaning of the Hire Purchase Act, 1946 (No. 16 of 1946), covering periods of not more than five years,

(iv) the amount of any loans for the time being unpaid made to it in respect of which the Minister has given a guarantee,

(v) the amount of any loans for the time being unpaid made to it by Irish citizens, or bodies corporate which at the date of the return are exempted from the operation of section 9 of this Act, as amended by section 5 of the Industrial Development (Encouragement of External Investment) Act, 1958, by virtue of paragraph (d), (e) or (f) of subsection (1) of the said section 5,

(vi) the amount of any loans for the time being outstanding made to it by the Industrial Credit Company, Limited, or the payment of which has been guaranteed by that Company.

(c) A notice under paragraph (a) of this subsection may also require the return, which is to be made in pursuance of the notice, to be verified in such one or both of the following ways (as may be specified in the notice)—

(i) by a statutory declaration made by a person having personal knowledge of the facts,

(ii) by a certificate signed by such a person having personal knowledge of the facts.”.

(2) Paragraph (b) of subsection (3A) (being the subsection inserted by subsection (1) of this section) of section 14 of the Act of 1934 shall not come into operation until the appointed day.

(3) Section 14 of the Act of 1934 is hereby amended in the following respects—

(a) in subsection (2), the references to Saorstát Éireann shall be construed as references to the State;

(b) in subsections (4) and (8)—

(i) the references to a national of Saorstát Éireann shall be construed as references to a qualified (1932 Act) person, and

(ii) the references to a qualified person shall be construed as references to a qualified (1934 Act) person;

(c) in subsection (8) the references to place or places in Saorstát Éireann shall be construed as references to place or places in the State.