S.I. No. 293/2023 - Companies Act 2014 (Section 897) Order 2023

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 9th June, 2023.

I, DARA CALLEARY, Minister of State at the Department of Enterprise, Trade and Employment, in exercise of the powers conferred on me by sections 12 (1) and 897 (1) of the Companies Act 2014 (No. 38 of 2014) (as adapted by the Business, Enterprise and Innovation (Alteration of Name of Department and Title of Minister) Order 2020 ( S.I. No. 519 of 2020 ) and the Enterprise, Trade and Employment (Delegation of Ministerial Functions) (No. 2) Order 2023 ( S.I. No. 15 of 2023 )), following consultation with the Registrar of Companies, hereby order as follows:

1. (1) This Order may be cited as the Companies Act 2014 (Section 897) Order 2023.

(2) This Order shall come into operation on 11 June 2023.

2. In this Order—

“Act of 2014” means the Companies Act 2014 (No. 38 of 2014);

“Regulations of 2015” means the Companies Act 2014 (Forms) Regulations 2015 ( S.I. No. 147 of 2015 ).

3. The sole means to be used to deliver the following documents to the Registrar shall be those provided for under the Electronic Commerce Act (No. 27 of 2000) effected in a manner which complies with any requirements of the Registrar of the kind referred to in sections 12(2)(b) and 13(2)(a) of that Act:

(a) Form B77 which is prescribed under Regulation 5 of the Regulations of 2015 for the purposes of sections 35(5) and 36(2) of the Act of 2014,

(b) Form B5 which is prescribed under Regulation 10 of the Regulations of 2015 for the purposes of section 70(7) and section 1021(9) of the Act of 2014,

(c) Form B7 which is prescribed under Regulation 3 of the Companies Act 2014 (Forms) (No. 2) Regulations 2015 ( S.I. No. 212 of 2015 ) for the purposes of section 83(6) of the Act of 2014,

(d) a notice of certain alterations of share capital for the purposes of section 92(1) of the Act of 2014,

(e) Form B4 which is prescribed under Regulation 14 of the Regulations of 2015 for the purposes of section 93(3) of the Act of 2014,

(f) Form B69 which is prescribed under Regulation 21 of the Regulations of 2015 for the purposes of section 152(3) of the Act of 2014,

(g) Form F12 which is prescribed under Regulation 59 of the Regulations of 2015 for the purposes of section 1302(2) of the Act of 2014,

(h) Form F2 which is prescribed under Regulation 60 of the Regulations of 2015 for the purposes of paragraphs (a) and (b) of section 1302(3) and 1304(3) of the Act of 2014,

(i) Form F3 which is prescribed under Regulation 61 of the Regulations of 2015 for the purposes of sections 1302(3)(c) and 1304(3) of the Act of 2014,

(j) Form F14 which is prescribed under Regulation 63 of the Regulations of 2015 for the purposes of paragraphs (e) and (f) of section 1302(3) and paragraphs (b) and (c) of section 1304(3) of the Act of 2014,

(k) Form F7 which is prescribed under Regulation 64 of the Regulations of 2015 for the purposes of section 1303(1) and 1305(1) of the Act of 2014, and

(l) Form F13 which is prescribed under Regulation 65 of the Regulations of 2015 for the purposes of section 1302 as applied by section 1304(1) of the Act of 2014.

GIVEN under my hand,

7 June 2023

DARA CALLEARY,

Minister of State at the Department of 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 provide that the sole means to deliver the documents for the purposes of the Companies Act 2014 listed in Regulation 3 of this Order to the Registrar of Companies is by the means provided for under the Electronic Commerce Act 2000 , effected in a manner which complies with any requirements of the Registrar of the kind referred to in sections 12(2)(b) and 13(2)(a) of that Act.