Companies (Amendment) (No. 2) Act, 1999
Amendment of section 3 of Act of 1990. |
6.—Section 3 of the Act of 1990 is hereby amended by the substitution of the following paragraphs for paragraph (b) of subsection (2): | |
“(b) Where the company referred to in section 2 is— | ||
(i) the holder of a licence under section 9 of the Central Bank Act, 1971 , | ||
(ii) a company which a building society has converted itself into under Part XI of the Building Societies Act, 1989 , | ||
(iii) a company which one or more trustee savings banks have been reorganised into pursuant to an order under section 57 of the Trustee Savings Banks Act, 1989 , | ||
(iv) the ACC Bank public limited company, | ||
(v) the ICC Bank public limited company, or | ||
(vi) the ICC Investment Bank Limited, | ||
a petition under section 2 may be presented only by the Central Bank, and subsection (1) of this section shall not apply to the company. | ||
(c) Where the company referred to in section 2 is a company referred to in the Second Schedule to the Companies (Amendment) (No. 2) Act, 1999, (not being a company referred to in paragraph 18, 19 or 20 of that Schedule or to which paragraph (b) applies) the following provisions shall apply— | ||
(i) a petition under section 2 may be presented by— | ||
(I) any of the persons referred to in paragraph (a), (b), (c) or (d) of subsection (1) of this section (including by one or more of such persons acting together), | ||
(II) the Central Bank, or | ||
(III) one or more of such persons and the Central Bank acting together, | ||
(ii) if the Central Bank does not present such a petition— | ||
(I) the petitioner shall, before he presents the petition at the office of the court, cause to be received by the Central Bank a notice in writing of his intention to present the petition, and shall serve a copy of the petition on the Central Bank as soon as may be after the presentation of it at the said office, | ||
(II) the Central Bank shall be entitled to appear and be heard at any hearing relating to the petition.” |