Multi-Unit Developments Act 2011

Restoration of certain companies to register.

30.— (1) Where a company to which this section applies has been struck off the register in accordance with—

(a) section 311 of the Act of 1963, or

(b) section 12 of the Act of 1982,

then, without prejudice to the provisions of section 311(8) or 311A(1) of the Act of 1963 or subsection (3) or (7) of section 12B of the Act of 1982, if a member or officer of a company is aggrieved by the fact of the company having been struck off the register under section 311 of the Act of 1963 or section 12 of the Act of 1982 the registrar of companies, on an application made in the prescribed form by the member or officer before the expiration of 6 years from the publication in Iris Oifigiúil of the notice that the company was struck off the register, provided that the registrar has received all annual returns outstanding, if any, from the company, may restore the name of the company to the register.

(2) Upon the registration of an application under subsection (1) and on payment of such fees as may be prescribed, the company shall be deemed to have continued in existence as if its name had not been struck off.

(3) This section applies to a company—

(a) which is an owners’ management company, and

(b) which immediately prior to the name of the company having been struck off the register pursuant to section 311 of the Act of 1963 or section 12 of the Act of 1982 had vested in it ownership of the common areas or a part thereof of the multi-unit development in respect of which the company was incorporated.

(4) Each application pursuant to subsection (1) shall be accompanied by a certificate from a solicitor or an accountant certifying that the company is an owners’ management company operating as such.

(5) In this section “prescribed” means prescribed by regulations made by the Minister having consulted with the Minister for Enterprise, Trade and Innovation.