S.I. No. 304/2013 - Companies Act 1963 and Irish Bank Resolution Corporation Act, 2013 (Statement of Affairs) Order 2013.


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 9th August, 2013.

I, MICHAEL NOONAN, Minister for Finance, pursuant to and in accordance with Section 224 (1) of the Companies Act, 1963 (as such provision applies in modified form to the special liquidation of Irish Bank Resolution Limited (hereinafter, the “Company”) pursuant Section 10 of the Irish Bank Resolution Corporation Act, 2013 (No. 2 of 2013, and hereinafter, the “Act”)), having regard to the purposes of the Act and the public interest in ensuring the orderly winding-up of the Company, hereby order as follows:

1. This Order may be cited as the Companies Act 1963 and Irish Bank Resolution Corporation Act, 2013 (Statement of Affairs) Order 2013.

2. The persons who were, at the date of the making by me of the Irish Bank Resolution Corporation Act, 2013 (Special Liquidation) Order 2013, S.I. No. 36/2013 (hereinafter, the “Relevant Date”), the directors and the secretary of the Company (hereinafter, the “Relevant Persons”) shall, by not later than 30th September 2013, make out and submit to me a statement as to the affairs of the Company as at the Relevant Date (hereinafter, the “Statement of Affairs”).

3. The Statement of Affairs shall be in the form prescribed by Order 74, Rule 27 of the Rules of the Superior Courts, save that:

(a) the Relevant Persons shall verify the contents of the Statement of Affairs by means of a statutory declaration sworn by them in accordance with the provisions of the Statutory Declarations Act, 1938 and not, for the avoidance of doubt, in the form of an affidavit as prescribed by Order 74, Rule 27 of the Rules of the Superior Courts; and

(b) the Statement of Affairs shall not include details of the names and / or addresses, or any other personal details, of any of the debtors of the Company; and

(c) there shall not be attached to the Statement of Affairs a schedule of the trade or other debtors of the Company as at the Relevant Date.

/images/ls

GIVEN under my Official Seal,

6 August 2013.

MICHAEL NOONAN,

Minister for Finance.