S.I. No. 571/2001 - Companies Act, 1963 (Section 24) Regulations, 2001

I, Noel Treacy, Minister of State at the Department of Enterprise, Trade and Employment, in exercise of the powers conferred on me by section 3 (3) of the Companies Act 1990 (No. 33 of 1990), as adapted by the Enterprise and Employment (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No 305 of 1997 ), and the Enterprise, Trade and Employment (Delegation of Ministerial Functions) Order, 1998 ( S.I. No. 265 of 1998 ), hereby make the following regulations:

1. These Regulations may be cited as the Companies Act, 1963 (Section 24) Regulations, 2001.

2. The form set out in the Schedule to these Regulations is prescribed as the form to be used for the purposes of section 24 of the Companies Act, 1963 (No 33 of 1963) (inserted by section 88 of the Company Law Enforcement Act, 2001 (No. 28 of 2001)).

Schedule

Statutory Declaration of Compliance with the requirements of section 24 (1)(a) and section 24 (1)(b) of the Companies Act, 1963 (as inserted by section 88, Company Law Enforcement Act, 2001 )

I
(name in block capitals)

of
(residential address)



being a	Director	Proposed first director

(indicate position within company)	Secretary	Proposed first secretary

of (name of company)

	Indicate status of	Registered name
	company name

		Proposed name

Aged 18 years and upwards do solemnly and sincerely declare that

(a) the objects of the company/proposed company* comply/will comply* with section 24 (1)(a) of the Companies Act, 1963 in that the objects are the promotion of commerce, art, science, education, religion or charity,

and

(b) the following requirements, set out in section 24 (1)(b) of the Companies Act, 1963 , are/will be* included in the company's memorandum or articles of association:

(i) The profits of the company (if any) or other income are required to be applied to the promotion of its objects;

(ii) Payment of dividends to its members is prohibited;

(iii) All the assets which would otherwise be available to its members are required to be transferred on its winding up to another company whose objects are the promotion of commerce, art, science, education, religion or charity and which company meets the requirements set out in section 24 (1)(b) for the Companies Act, 1963 .

And I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act, 1938 .

	Declared before me by
__________________________________ Signature of Declarant	______________________________________ NAME OF DECLARANT IN BLOCK CAPITALS
	This __________ day of ______________ 20______
	Who is personally known to me or who is identified to me by
	_____________________________________________________ NAME OF PERSON IDENTIFYING DECLARANT IN BLOCK CAPITALS
	Who is personally known to me at
	_____________________________________________________ ADDRESS OF PERSON BEFORE WHOM DECLARATION IS MADE
	__________________________________ in the presence of (signature)
	_____________________________________________________ NAME OF PERSON BEFORE WHOM DECLARATION IS MADE IN BLOCK CAPITALS
	Commissioner for oaths	Practising Solicitor

	Notary Public	Peace Commissioner

Given under my hand,

this 13^th day of December, 2001

__________________________________

Noel Treacy

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)

These Regulations set out the form of the Statutory Declaration of Compliance which is required to be made where a company or proposed company wishes to be exempt from the provisions of the Companies Acts relating to the use of the word ‘limited’ or ‘teoranta’ as part of its name.

* Delete as appropriate