S.I. No. 615/2003 - Circuit Court Rules (No. 4) (Restoration of Companies To The Register Pursuant To Section 12 of the Companies Act, 1982 As Inserted by Section 46 of the Companies (Amendment) (No. 2) Act, 1999), 2003

We, the Circuit Court Rules Committee, constituted pursuant to the provisions of section 69 of the Courts of Justice Act, 1936 , and section 12 of the Courts of Justice Act, 1947 , by virtue of the powers conferred on us by section 66 of the Courts of Justice Act, 1924 , and section 70 of the Courts of Justice Act, 1936 , (as applied by section 48 of the Courts (Supplemental Provisions Act, 1961 ) and section 27 of the Courts (Supplemental Provisions) Act, 1961 , and of all other powers enabling us in this behalf, do hereby, with the concurrence of the Minister for Justice Equality and Law Reform make the annexed Rules of Court.

Dated this 3rd day of March, 2003.

(Signed):

Esmond Smyth

(Chairman of the Circuit Court Rules Committee)

Elizabeth Dunne

Patrick Hunt

Fergal Foley

Edmund Carroll

Joe Deane

Gerard Doherty

P J Fitzpatrick

Susan Ryan (Secretary)

I concur in the making of the above Rules of Court.

Dated this 13th day of November, 2003.

Signed:

MICHAEL McDOWELL

MINISTER FOR JUSTICE, EQUALITY AND LAW REFORM

S.I. No. 615 of 2003

CIRCUIT COURT RULES (No. 4) (RESTORATION OF COMPANIES TO THE REGISTER PURSUANT TO SECTION 12 OF THE COMPANIES ACT, 1982 AS INSERTED BY SECTION 46 OF THE COMPANIES (AMENDMENT) (No. 2) ACT 1999), 2003

1. These Rules, which may be cited as the Circuit Court Rules (No. 4) (Restoration of Companies to the Register Pursuant to Section 12 of the Companies Act, 1982 as inserted by Section 46 of the Companies (Amendment) (No. 2) Act, 1999 ), 2003 shall come into operation on the 11th day of December, 2003.

2. The Order referred to in these rules shall be added to and construed together with those Orders contained in the Circuit Court Rules, 2001, as amended.

ORDER 53

1. Order 53 rule 2 of the Circuit Court Rules, 2001 shall be amended by the addition of the following provisions to that rule:

“All applications pursuant to this Order shall be made in accordance with the form annexed hereto. The Affidavit grounding such applications shall contain the following information:

(a) the status of the Plaintiff in relation to the company sought to be restored;

(b) that all required notices have been given together with proof of service thereof;

(c) details of the debt due to the applicant creditor and the manner in which such debt has arisen, that such debt was due at the time the company concerned was struck off;

(d) an averment that it is intended to pursue that said debt as against the company concerned;

(e) that the Revenue Commissioners consent to the restoration and, if applicable, the terms upon which such consent has been given and exhibiting documentation to support such consent and the terms thereof;

(f) any other relevant information.

	FORM 1
		Record No.
	THE CIRCUIT COURT AN CHUIRT CHUARDA
CIRCUIT		COUNTY OF

IN THE MATTER OF SECTION 46 OF THE COMPANIES (AMENDMENT) (No. 2) ACT 1999 AND IN THE MATTER OF [INSERT NAME OF COMPANY REQUIRED TO BE RESTORED]

BETWEEN/	A.B.
		Plaintiff
	and
	C.D.
		Defendant
	NOTICE OF MOTION

TAKE NOTICE that on the day of 20 at in the forenoon or the first available opportunity thereafter, Counsel for the Plaintiff in the above entitled proceedings will apply to this Honourable Court sitting at for the following reliefs:

1. An Order pursuant to section 46 of the Companies (Amendment) (No. 2) Act, 1999 restoring [INSERT NAME OF COMPANY REQUIRED TO BE RESTORED] to the Register of Companies;

2. Such further or other orders as to this Honourable Court shall seem meet;

3. Costs.

AND FURTHER TAKE NOTICE that this application will be grounded upon the pleadings and proceedings already had herein, this Notice of Motion together with proof of service thereof, the Affidavit of sworn herein on the day of 20 , such further evidence, including oral evidence, as may be given by or on behalf of the Plaintiff, the nature of the case and the reasons to be given.

Dated this day of 20 .

Signed:

Plaintiff/Solicitors for the Plaintiff

To:

The County Registrar

and

To:

Defendant/Solicitors for the Defendant

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

These Rules amend Order 53 Rule 2 of the Circuit Court Rules, 2001 by the addition of provisions and a form in respect of applications for restoration of Companies to the register.