S.I. No. 16/1960 - Companies Acts, 1908 To 1959 (Forms) Order, 1960.


S.I. No. 16 of 1960.

COMPANIES ACTS, 1908 TO 1959 (FORMS) ORDER, 1960.

I, JOHN LYNCH, Minister for Industry and Commerce, in exercise of the powers conferred on me by subsection (2) of section 118 of the Companies (Consolidation) Act, 1908, hereby order as follows :

1. This Order may be cited as the Companies Acts, 1908 to 1959 (Forms) Order, 1960.

2. The Form set out in the Schedule to this Order shall be used for the purposes of section 26 of the Companies (Consolidation) Act, 1908, as amended by the Companies (Particulars as to Directors) Act, 1917, and the Companies Act, 1959 , in lieu of the Form set out in the Companies Acts Forms Order, No. 1, 1925 ( S. R. & O. No. 9 of 1925 ).

SCHEDULE.

Certificate No.........................                   Form No. 6A.)

THE COMPANIES ACTS, 1908 TO 1959.

FORM E.

As required by Part II of the Companies (Consolidation) Act, 1908,

A 5s. Companies

(Section 26), the Companies (Particulars as to Directors) Act, 1917, and the Companies Act, 1959 .

Registration Fee

Stamp must be impressed here.

Summary of Share Capital and Shares of the............................................................ ...............................

............................................................ ............................................................ ................................................

............................................................ ........................................... Company, Limited, made up to the .............................................day of............................................. 19...... (being the fourteenth day after the date of the First Ordinary General Meeting in 19......).

Nominal Shares Capital, £...................................Divided into*

{

.........................................

Shares of £*

{

.................................................

each

..........................................

.................................................

Total Number of shares taken up* to the ............................... day of ............................. 19 ........ (which number must agree with the total shown in the list as held by existing members).

{

..........................................................

.........................................................

Number of Shares issued subject to payment wholly in cash

.............................................

Number of Shares issued as fully paid up otherwise than in cash

............................................

FORM E—Cont.

Number of Shares issued as partly paid up to the extent of..........................per share otherwise than in cash

.........................

† There has been called up on each of.....................Shares

£.........................

 " " "  "  " "  " " ......................."

£.........................

 " " "  "  " "  "  " ......................"

£.........................

‡ Total amount of Calls received, including payments on application and allotment

£.........................

Total amount of Calls received, including payments on application and allotment

£.........................

Total amount (if any) agreed to be considered as paid on......................Shares which have been issued as fully paid up otherwise than in cash

£.........................

Total amount (if any) agreed to be considered as paid on...................Shares which have been issued as partly paid up to the extent of......................per share otherwise than in cash

£.........................

Total amount of Calls unpaid

£.........................

Total amount (if any) of sums paid by way of Commission in respect of shares or debentures or allowed by way of Discount since the date of last Summary

£.........................

Total amount (if any) paid on ||................. Shares forfeited

£.........................

Total amount of Shares and Stock for which Shares Warrants to bearer are outstanding

{

Shares

£.........................

Stock

£.........................

Total amount of Share Warrants to bearer issued and surrendered respectively since date of last Summary

{

Issued

£.........................

Surrendered

£.........................

FORM E—contd.

Number of Shares or amount of Stock comprised in each Share Warrant to bearer

{

Number of Shares

........................................

Amount of Stock

£................................

Total amount of debt due from the Company in respect of all mortgages and charges which are required to be registered with the Registrar of Companies, or which would require registration if created after the first day of July, 1908

£...............................

NOTE.—Banking Companies must add a list of all their places of business.

*Where there are Shares of different kinds or amounts (e.g., Preference and Ordinary, or £10 and £5) state the number and nominal values separately.

†Where various amounts have been called, or there are Shares of different kinds, state them separately.

‡Include what has been received or forfeited, as well as on existing, Shares.

||State the aggregate number of Shares forfeited (if any).

The return must be signed, at the end, by the Manager or Secretary of the Company.

Presented for filing by............................................................ .......................

........................................................

*This Statement is not required from a " Private Company " within the meaning of Section 121 (1) of the Companies (Consolidation) Act, 1908, as amended by the Companies Act, 1913, which complies with the provisions contained in its Articles by which it is constituted a Private Company.

But Section 1 (3) of the Companies Act, 1913, requires that every Private Company shall send with this Return a certificate signed by a Director or the Secretary that the Company has not, since the date of the last Return, or in the case of a first Return since the date of the incorporation of the Company, issued any invitation to the public to subscribe for any Shares or Debentures of the Company ; and where the list of members discloses the fact that the number of members of the Company exceeds fifty, also a Certificate so signed that such excess consists, as the case may be, wholly of persons who are in the employment of the Company and/or of persons who having been formerly in the employment of the Company, were while in such employment and have continued after the determination of such employment to be members of the Company.

*STATEMENT in the form of a Balance Sheet made up to the ........................... day of .............................. 19 ......, containing the particulars of the Capital, Liabilities, and Assets of the Company.

NOTE.— This margin is reserved for binding, and must not be written across.

Names, etc., of the *Directors of the .............................................. Company, Limited, on the ........................................ day of ........................................ 19......

† The present Christian name or names and surname

Any former Christian name or names or surname

Nationality

Nationality of origin (if other than the present nationality)

Usual Residence

Other business occupation(s) if any

* " Director " includes any person who occupies the position of a Director and any person in accordance with whose directions or instructions the Directors of a Company are accustomed to act.

†Christian name includes any forename. In the case of a peer or a person usually known by a title different from his surname the title by which he is known must be substituted for his surname.

List of Persons holding Shares in the ....................................................... COMPANY, LIMITED, on the ................................. day of .................................... 19......, and of Persons who have held Shares therein at any time since the date of the last Return, or (in the case of the first Return) of the Incorporation of the Company, showing their Names and Addresses, and an Account of the Shares so held.*

Names, Addresses and Occupations

Account of Shares

Folio in Register Ledger containing Particulars

Surname, Christian Name, Address†

Occupation

‡Number of Shares held by existing Members at date of Return||

§Particulars of Shares Transferred since the date of the last Return, or (in the case of the first Return) of the Incorporation of the Company, by Persons who are still Members

§Particulars of Shares Transferred since the date of the last Return, or (in the case of the first Return) of the Incorporation of the Company, by Persons who have ceased to be Members

Remarks

||Number

Date of Registration of Transfer

||Number

Date of Registration of Transfer

(Signature)............................................................ .......

(State whether Manager or Secretary) ..............................

* If the list for any of the five immediately preceding years has given at the date of that list the full particulars required as to past and present members and the shares held and transferred by them, only such of the particulars need be given as relate to persons ceasing to be or becoming members since the date of the last list and to shares transferred since that date.

†If the names in the list are not arranged in alphabetical order, an index sufficient to enable the name of any person to be readily found must be annexed.

‡The aggregate number of Shares held and not the Distinctive Numbers must be stated, and the column must be added up throughout, so as to make one total to agree with that stated in the Summary to have been taken up.

||When the shares are of different classes these columns may be sub-divided so that the number of each class held, or transferred, may be shown separately.

§The date of Registration of each Transfer should be given as well as the Number of Shares transferred on each date. The Particulars should be placed opposite the name of the Transferor and not opposite that of the Transferee but the name of the Transferee may be inserted in the " Remarks " column immediately opposite the particulars of each Transfer.

NOTE.—This margin is reserved for binding and must not be written across.

GIVEN under my Official Seal, this 27th day of January, 1960.

JOHN LYNCH,

Minister for Industry and Commerce.

EXPLANATORY NOTE.

This Instrument prescribes a new form for use by Companies in submitting the annual list of members and summary required by Section 26 of the Companies (Consolidation) Act, 1908, following the amendment of that Section by the Companies Act, 1959 .