S.I. No. 424/2010 - Companies (Miscellaneous Provisions) Act 2009 (Commencement) Order 2010.


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 10th September, 2010.

I, BILLY KELLEHER, Minister of State at the Department of Enterprise, Trade and Innovation, in exercise of the powers conferred on me by section 6(2) of the Companies (Miscellaneous Provisions) Act 2009 (No. 45 of 2009) (as adapted by the Enterprise, Trade and Employment (Alteration of Name of Department and Title of Minister) Order 2010 ( S.I. No. 185 of 2010 )) and the Enterprise, Trade and Innovation (Delegation of Ministerial Functions) (No. 3) Order 2010 ( S.I. No. 334 of 2010 ), hereby order as follows:

1. This Order may be cited as the Companies (Miscellaneous Provisions) Act 2009 (Commencement) Order 2010.

2. The 7th day of September 2010 is appointed as the day on which paragraphs (i) and (j) of section 3 and section 5 of the Companies (Miscellaneous Provisions) Act 2009 (No. 45 of 2009) shall come into operation.

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GIVEN under my hand,

6 September 2010.

BILLY KELLEHER,

Minister of State at the Department of Enterprise, Trade and Innovation.

EXPLANATORY NOTE

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

This Order commences paragraphs (i) and (j) of section 3 and section 5 of the Companies (Miscellaneous Provisions) Act 2009 .

These sections provide for a mechanism whereby certain collective investment fund entities currently based in relevant jurisdictions can migrate their registered offices into Ireland without firstly having to wind up in their current jurisdiction. A parallel outward migration mechanism is also provided for.

The sections also give the Minister power to prescribe “relevant jurisdictions” for the purposes of such migration.