S.I. No. 97/2011 - Multi-Unit Developments Act 2011 (Prescribed form and fee) Regulations 2011.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 4th March, 2011.

I, BRENDAN SMITH, Minister for Justice and Law Reform, in exercise of the powers conferred on me by section 30 of the Multi-Unit Developments Act 2011 (No. 2 of 2011), and having consulted with the Minister for Enterprise, Trade and Innovation, make the following regulations:

1. These Regulations may be cited as the Multi-Unit Developments Act 2011 (Prescribed form and fee) Regulations 2011.

2. The form specified in the Schedule is prescribed for the purposes of section 30 (1) of the Multi-Unit Developments Act 2011 (No. 2 of 2011).

3. The amount of €300 is specified as the fee payable for the purposes of section 30 of the Multi-Unit Developments Act 2011 .

SCHEDULE

Form of Application under section 30(1) of the Multi-Unit Developments Act 2011

Restoration to the register of a company

struck off being an Owners’ Management Company

Section 30 Multi-Unit Developments Act 2011

Section 249A Companies Act 1990 (inserted by section 107 Company Law Enforcement Act 2001 )

Companies Act 1990 (Form and Content of Documents Delivered to Registrar) Regulations 2002

CRO receipt date stamp

____________

Multi Unit Developments Act 2011

H1-OMC

Company number

Please complete using black typescript or BOLD CAPITALS, referring to explanatory notes

hereby applies to be restored to the register of companies under Section 30 of the Multi-Unit Developments Act 2011 . note one

The company is an Owners’ Management Company as defined in Section 30 of the Multi-Unit Developments Act 2011 .

That the company is an Owners’ Management Company which immediately prior to the name being struck off the register and dissolved on

Day Month Year

note two

pursuant to section 311 of the Companies Act 1963 or

section 12 of the Companies (Amendment) Act 1982

had vested in it, ownership of the common areas or a part thereof, of the multi-unit development in respect of which the company was incorporated.

This form H1-OMC is accompanied by a certificate from a solicitor or accountant certifying that the company is an Owners’ Management Company and is operating as such. note three

This form H1-OMC is accompanied by a certified copy of the deed of transfer of the common areas or a part thereof, of the multi-unit development in respect of which the company was incorporated, which deed is dated no later than the date of dissolution of the company. note three

___________________________________

Certification I hereby certify that the particulars contained in this form are correct and have been given in accordance with the Notes on Completion of Form H1-OMC.

Signature ______________ Name in bold capitals or typescript

Director Secretary Member note four Date

___________________________________

Presenter details

Name Address DX number

Telephone number Email DX exchange

Fax number Reference number

General This form must be completed correctly, in full and in accordance with the following notes. Every section of the form must be completed. Where “not applicable”, “nil” or “none” is appropriate, please state.

note one All outstanding annual returns of the company, if any, must be submitted.

note two Application must be made within 6 years of the date of dissolution. Form H1-OMC must be lodged not later than the day before the sixth anniversary of the companys dissolution. Administrative restoration is not possible if more than 6 years have elapsed since the date of the company’s dissolution.

note three The company cannot be restored to the register without the certificate being attached to the submission.

note four Tick the relevant box(es). This form must be certified by a current officer or member of the company.

Further information

For further information on restoration, including details on the fast track restoration process, see Information Leaflet No.11, “Restoration of a Company to the Register”, available at www.cro.ie.

CRO address When you have completed and signed the form, please file with the CRO. The Public Office is at 14 Parnell Square, Dublin 1. Dx number 145001.

If submitting by post, please send with the prescribed fee to the Registrar of Companies at: The Companies Registration Office, OBrien Road, Carlow

Payment If paying by cheque, postal order or bank draft, please make the fee payable to the Companies Registration Office. Cheques or bankdrafts must be drawn on a bank in the Republic of Ireland.

Please carefully study the explanatory notes above. A Form H1 OMC that is not completed correctly or is not accompanied by the correct fee is liable to be rejected and returned to the presenter by the CRO pursuant to section 249A Companies Act 1990 (inserted by section 107 Company Law Enforcement Act 2001 ). Unless the document, duly corrected, is relodged in the CRO within 14 days, it will be deemed to have never been delivered to the CRO.

FURTHER INFORMATION ON COMPLETION OF FORM H1 OMC IS AVAILABLE FROM WWW.CRO.IE OR BY EMAIL INFO@CRO.IE

GIVEN under my Official Seal,

2 March 2011.

BRENDAN SMITH,

Minister for Justice and Law Reform.

EXPLANATORY NOTE

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

These Regulations prescribe the form of application to be made and the fee to be paid to the Companies Registration Office in connection with the restoration of companies to the Companies Register under section 30 of the Multi-Unit Developments Act 2011 (No. 2 of 2011).