S.I. No. 179/2005 - Companies (Fees) Order 2005


Statutory Instruments

S.I. No. 179 of 2005

COMPANIES (FEES) ORDER 2005

S.I. No. 179 of 2005

Companies (Fees) Order 2005

I, Michael Ahern, Minister of State at the Department of Enterprise, Trade and Employment in exercise of the powers conferred on me by sections 395 (as amended by the Company Law Enforcement Act 2001 (No. 28 of 2001)) and 396 of the Companies Act 1963 (No. 33 of 1963), (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) (No.2) Order 2004 ( S.I. No. 808 of 2004 ) hereby order as follows:

1.   This Order may be cited as the Companies (Fees) Order 2005.

2.   In this Order “Eighth Schedule” means the Eighth Schedule (substituted by the Companies (Fees) Order 2001 ( S.I No. 477 of 2001 ), and amended by the Companies (Fees) (No.2) Order 2001 ( S.I. No. 569 of 2001 ), the Companies (Fees) Order 2002 ( S.I. No. 557 of 2002 ) and the Companies (Fees) Order 2003 ( S.I. No. 187 of 2003 ) to the Companies Act 1963 (No. 33 of 1963).

3.   Part I of the Eighth Schedule is altered by substituting the following for paragraphs (a) to (j):

For registration of the following —

(a)       subject to paragraphs (b) to (n) any document that, by the Companies Acts 1963 to 2003, is required or authorised to be registered or required to be delivered, sent or forwarded to the registrar, other than an annual return or any other document specified elsewhere in this Schedule or in connection with a change in the name of a company,

 

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(b)       a document in connection with any change in the situation of the registered office of the company pursuant to section 113 of the Companies Act 1963 , where the data in the document submitted for registration is submitted to the registrar by means of the electronic form filing system in use by the registrar,

 

Nil

(c)       a document in connection with any change in the situation of the registered office of the company pursuant to section 113 of the Companies Act 1963 , where the data in the document submitted for registration is also submitted to the registrar by means of the CROdisk electronic filing system,

 

Nil

(d)       a document in connection with any change in the particulars of the directors or secretary of the company or any change in any of the particulars contained in the register of directors and secretaries of that company pursuant to section 195 of the Companies Act 1963 , where the data in the document submitted for registration is submitted to the registrar by means of the electronic form filing system in use by the registrar,

 

Nil

(e)       a document in connection with any change in the particulars of the directors or secretary of the company or any change in any of the particulars contained in the register of directors and secretaries of that company pursuant to section 195 of the Companies Act 1963 , where the data in the document submitted for registration is also submitted to the registrar by means of the CROdisk electronic filing system,

Nil

(f)        a document in connection with any change in the address where the register of members of a company is kept pursuant to section 116(7) of the Companies Act 1963 and the data in the document submitted for registration is submitted to the registrar by means of the electronic form filing system in use by the registrar,

Nil

(g)       a document in connection with any change in the address where the register of debenture holders of a company is kept pursuant to section 91(3) of the Companies Act 1963 and the data in the document submitted for registration is submitted to the registrar by means of the electronic form filing system in use by the registrar,

Nil

(h)       a document in connection with any change in the address where the directors’ service contracts or memoranda are kept by a company pursuant to section 50(4) of the Companies Act 1990 and the data in the document submitted for registration is submitted to the registrar by means of the electronic form filing system in use by the registrar,

Nil

(i)        a document in connection with any change in the address of the persons resident in the State authorised to accept service of proceedings on behalf of the company or the address of the persons resident in the State responsible for ensuring compliance or the address of the branch in the State, pursuant to Regulation 4(3) or 7(3) of the European Communities (Branch Disclosures) Regulations 1993 ( S.I. No. 395 of 1993 ) where the data in the document submitted for registration is submitted to the registrar by means of the electronic form filing system in use by the registrar,

Nil

(j)        a document in connection with any change in the address of the persons authorised to accept service on behalf of the company or the address of its principal place of business in the State, pursuant to Section 353 of the Companies Act 1963 , where the data in the document submitted for registration is submitted to the registrar by means of the electronic form filing system in use by the registrar,

Nil

(k)       an ordinary resolution pursuant to section 143 of the Companies Act 1963 , and any document lodged in connection with said ordinary resolution, where the data in the ordinary resolution submitted for registration is submitted to the registrar by means of the electronic form filing system in use by the registrar,

Nil

(l)        a special resolution pursuant to section 143 of the Companies Act 1963 , and any document lodged in connection with said special resolution, other than a resolution in connection with a change in the name of a company, where the data in the special resolution submitted for registration is submitted to the registrar by means of the electronic form filing system in use by the registrar,

Nil

(m)      a document in connection with a company becoming a single-member company pursuant to Regulation 5(1) of the European Communities (Single-Member Private Limited Companies) Regulations 1994 ( S.I. No. 275 of 1994 ), where the data in the document submitted for registration is submitted to the registrar by means of the electronic form filing system in use by the registrar,

Nil

(n)       a document in connection with a single-member company becoming a multi-member company pursuant to Regulation 6(1) of the European Communities (Single-Member Private Limited Companies) Regulations 1994, where the data in the document submitted for registration is submitted to the registrar by means of the electronic form filing system in use by the registrar,

 

Nil

(o)       a notification by an auditor of termination of his appointment by a company pursuant to section 34(3)(a) of the Companies (Amendment) (No. 2) Act 1999 .

 

Nil

Given under my hand,

7th April 2005.

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Michael Ahern

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)

This Order amends the Companies (Fees) Order 2001 (S.I. 477 of 2001), as amended

The Order provides for disapplication of filing fees where certain specified documents are filed electronically with the Registrar of Companies.