Companies (Amendment) Act, 1982

Power of registrar to strike defunct company off register.

11.—Section 311 of the Principal Act is hereby amended by the substitution for subsections (1), (2), (3) and (4) of the following—

“(1) Where the registrar of companies has reasonable cause to believe that a company is not carrying on business, he may send to the company by post a registered letter inquiring whether the company is carrying on business and stating that, if an answer is not received within one month from the date of that letter, a notice will be published in Iris Oifigiúil with a view to striking the name of the company off the register.

(2) If the registrar either receives an answer to the effect that the company is not carrying on business or does not within one month after sending the letter receive any answer, he may publish in Iris Oifigiúil and send to the company by registered post a notice that at the expiration of one month from the date of that notice, the name of the company mentioned therein will, unless cause is shown to the contrary, be struck off the register, and the company will be dissolved.

(3) If in any case where a company is being wound up the registrar has reasonable cause to believe either that no liquidator is acting, or that the affairs of the company are fully wound up, and the returns required to be made by the liquidator have not been made for a period of 6 consecutive months, the registrar shall publish in Iris Oifigiúil and send to the company or the liquidator, if any, a like notice as is provided in subsection (2).”.