S.I. No. 350/2008 - Companies (forms) Order 2008

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 12 September, 2008.

I, MARY COUGHLAN, Minister for Enterprise, Trade and Employment, in exercise of the powers conferred on me by sections 107(1), 107(2), 311A (inserted by section 246 (amended by section 50 of the Companies (Amendment) (No. 2) Act 1999 (No. 30 of 1999)) of the Companies Act 1990 (No. 33 of 1990)), 319(2) and (2A) (inserted by section 52 of the Company Law Enforcement Act 2001 (No. 28 of 2001)), 321(1) and 396 of the Companies Act 1963 (No. 33 of 1963), section 12C (substituted by section 46 of the Companies (Amendment) (No. 2) Act 1999 ) of the Companies (Amendment) Act 1982 (No. 10 of 1982), section 12(1) of the Companies (Amendment) Act 1990 (No. 27 of 1990), and sections 44 (2) and 45 (3)(b) and (5) of the Companies (Amendment) (No. 2) Act 1999 , as adapted by the Enterprise and Employment (Alteration of Name of Department and Title of Minister) Order 1997 ( S.I. No. 305 of 1997 ), hereby order as follows:

1. This Order may be cited as the Companies (Forms) Order 2008.

2. This Order comes into operation on 16 September 2008.

3. In this Order—

“Act of 1963” means the Companies Act 1963 (No. 33 of 1963);

“Act of 1982” means the Companies (Amendment) Act 1982 (No. 10 of 1982);

“Act of 1990” means the Companies Act 1990 (No. 33 of 1990);

“Amendment Act of 1990” means the Companies (Amendment) Act 1990 (No. 27 of 1990);

“Act of 1999” means the Companies (Amendment) (No. 2) Act 1999 (No. 30 of 1999);

“Act of 2001” means the Company Law Enforcement Act 2001 (No. 28 of 2001);

4. The form (Form E8) set out in Schedule 1 is prescribed as the form to be used for the purposes of section 107 (1) of the Act of 1963.

5. The form (Form E9) set out in Schedule 2 is prescribed as the form to be used for the purposes of section 319 (2) and (2A (inserted by section 52 of the Act of 2001)) and section 321 (1) of the Act of 1963.

6. The form (Form E11) set out in Schedule 3 is prescribed as the form to be used for the purposes of section 107 (2) of the Act of 1963.

7. The form (Form E24) set out in Schedule 4 is prescribed as the form to be used for the purposes of section 12 (1) of the Amendment Act of 1990.

8. The form (Form H1R) set out in Schedule 5 is prescribed as the form to be used for the purposes of section 12C (substituted by section 46 of the Act of 1999) of the Act of 1982.

9. The form (Form H1) set out in Schedule 6 is prescribed as the form to be used for the purposes of section 311A (inserted by section 246 (amended by section 50 of the Act of 1999) of the Act of 1990) of the Act of 1963.

10. The form (Form B67) set out in Schedule 7 is prescribed as the form to be used for the purposes of section 44 (2) of the Act of 1999.

11. The form (Form B68) set out in Schedule 8 is prescribed as the form to be used for the purposes of section 45 (3)(b) and (5) of the Act of 1999.

12. The following are revoked—

(a) Article 3 of the Companies (Forms) Order 1964 ( S.I. No. 45 of 1964 ) in so far as it relates to prescribing Forms 53, 57 and 57A as the Forms to be used for the purposes of the Act of 1963, and the Schedule to the said Order in so far as it sets out the said Forms 53, 57 and 57A,

(b) Article 2 of and the Schedule to the Companies (Forms) Order 1990 ( S.I. No. 224 of 1990 ),

(c) Article 7 of and Part IV of the Schedule to the Companies (Forms) Order 1991 ( S.I. No. 161 of 1991 ), and

(d) Articles 5, 6 and 9 and Parts 2, 3 and 6 of the Schedule to the Companies (Forms) Order 2000 ( S.I. No. 62 of 2000 ).

Regulation 4.

SCHEDULE 1

Regulation 5.

SCHEDULE 2

Regulation 6.

SCHEDULE 3

Regulation 7.

SCHEDULE 4

Regulation 8.

SCHEDULE 5

Regulation 9.

SCHEDULE 6

Regulation 10.

SCHEDULE 7

Regulation 11.

SCHEDULE 8

GIVEN under my Official Seal,

27 August 2008

MARY COUGHLAN.

Minister for Enterprise, Trade and Employment.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation).

The purpose of this Order is to amend and update forms prescribed for the purpose of filing information in the Companies Registration Office.

B67 is the application form for certificate stating that a company has a real and continuous link with one or more economic activities being carried on in the State and B68 is the form for excluding a company from consideration for the purposes of determining the number of companies of which a person is a director. Form E8 is the notice of appointment of a receiver. The purpose of the update is to make the form easier to complete and to distinguish between court-appointed receivers and receivers appointed under debenture.

Form E9 & E11

E9 is the receiver’s abstract. The abstract is the account that must be submitted by a receiver detailing the receipts and payments that have occurred during the six-month period.

E11 is a notice of cessation of receiver.

Form E24 is a notice of petition to appoint an examiner.

Form H1 & H1R

H1 is a form regarding the restoration to the register of a company that has been struck off for failure to file annual returns

H1R is a form regarding the restoration to the register of a company struck off for failure to file particulars with Revenue.