S.I. No. 484/2010 - Companies Act 1963 (Ninth Schedule) Regulations 2010.


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 12th October, 2010.

I, BILLY KELLEHER, Minister of State at the Department of Enterprise, Trade and Innovation, in exercise of the powers conferred on me by section 250(2) of the Companies Act 1990 (No. 33 of 1990) (as adapted by the Enterprise, Trade and Employment (Alteration of Name of Department and Title of Minister) Order 2010 ( S.I. No. 185 of 2010 )), and the Enterprise, Trade and Innovation (Delegation of Ministerial Functions) (No. 3) Order 2010 ( S.I. No.334 of 2010 ), and considering it necessary to do so in the interests of the orderly and proper regulation of the business of unregistered companies, hereby make the following regulations:

1. (1) These Regulations may be cited as the Companies Act 1963 (Ninth Schedule) Regulations 2010.

(2) These Regulations shall come into operation on the 5th day of October 2010.

2. The Ninth Schedule (amended by section 250 of, and the Schedule to, the Companies Act 1990 (No. 33 of 1990)) to the Companies Act 1963 (No. 37 of 1963) is amended under the heading PRINCIPAL ACT:

(a) in the column relating to Subject matter—

(i) after “Prospectuses and allotments” by the addition of:

“Share premium account”; and

(ii) after “Share premium account” (inserted by subparagraph (i)), by the addition of:

“Reduction of Share Capital”; and

(b) in the column relating to Provisions applied—

(i) opposite “Share premium account” (inserted by subparagraph (i) of paragraph (a)), by the addition of “Section 62”; and

(ii) opposite “Reduction of Share Capital” (inserted by subparagraph (ii) of paragraph (a)), by the addition of “Sections 72 to 77”.

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GIVEN under my hand,

5 October 2010.

BILLY KELLEHER,

Minister of State at the Department of Enterprise, Trade and Innovation.

EXPLANATORY NOTE.

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

These Regulations amend the Ninth Schedule of the Companies Act 1963 in order to apply Sections 62 and 72 to 77 of the Companies Act 1963 , which deal with the reduction of share capital, to unregistered companies.