S.I. No. 5/1923 - External Companies Adaptation Order, 1923.

1923. No. 5.

EXTERNAL COMPANIES ADAPTATION ORDER, 1923.

WHEREAS by Section 12 of the Adaptation of Enactments Act, 1922 , the Executive Council of Saorstát Eireann may from time to time by order make all such general or specific adaptations of or modifications in any British statute which in the opinion of the Executive Council are necessary in order to enable such statute to have full force and effect in Saorstát Eireann :

AND WHEREAS by Article 73 of the Constitution of Saorstát Eireann the Companies Act, 1907, in so far as the said Act though repealed by the Companies (Consolidation) Act, 1908, is still in force under the provisions of the Interpretation Act, 1899, the Companies (Consolidation) Act, 1908, the Companies (Particulars as to Directors) Act, 1917, and the Assurance Companies Act, 1909, have the force of law in Saorstát Eireann subject to the provisions of the Adaptation of Enactments Act, 1922 :

AND WHEREAS difficulties have arisen in the application of the said statutes, to companies incorporated outside Saorstát Eireann which have established a place of business within Saorstát Eireann before the sixth day of December, 1922, and to assurance companies constituted outside Saorstát Eireann which have commenced to carry on assurance business within Saorstát Eireann before the sixth day of December, 1922, and it is consequently expedient to make adaptations of or modifications in the said statutes to enable them to have full force and effect in Saorstát Eireann in their application to such companies :

NOW the Executive Council of Saorstát Eireann in exercise of the powers conferred on them by the said Section 12 of the Adaptation of Enactments Act, 1922 , and of every and any other power them in this behalf enabling do hereby order as follows :—

1. This Order may for all purposes be cited as the External Companies Adaptation Order, 1923.

2. The Interpretation Act, 1889, applies to the interpretation of this Order, in like manner as it applies to the interpretation of an Act of the Oireachtas.

PART I.

1. Part I of this Order shall apply to every Company incorporated outside Saorstát Eireann which has established a place of business within Saorstát Eireann before the sixth day of December, 1922, and to every assurance company constituted since the first day of July, 1910, outside Saorstát Eireann which has commenced to carry on business within Saorstát Eireann before the sixth day of December, 1922.

2. In the case of every company to which Part I of this Order applies the periods of three months and one month mentioned in Section 35 (1) of the Companies Act, 1907, and the period of one month mentioned in Section 274 (1) of the Companies (Consolidation) Act, 1908, and the firstly mentioned period of one month in Section 2 (1) of the Companies (Particulars as to Directors) Act, 1917, shall be respectively deemed to be two months from the date when this Order comes into operation.

3. Prior to the lapse of two months from the date when this Order comes into operation, any process or service required to be served on any Company to which Part I of this Order applies shall be sufficiently served if left at the Company's principal place of business within Saorstát Eireann.

Provided that the provisions of Section 274 (2) of the Companies (Consolidation) Act, 1908, shall apply to any such company as soon as it has filed with the Registrar of Companies in Saorstát Eireann, the documents, names, and addresses required to be filed by Sub-section (1) of the said Section and by Sub-section (1) of Section 35 of the Companies Act, 1907.

4. Part I. of this Order shall come into operation on the first day of August, nineteen hundred and twenty-three:

PART II

1. References in Section 2 of the Assurance Companies Act, 1909, to the Supreme Court and Paymaster General shall as regards Assurance Companies constituted outside Saorstát Eireann, which carry on business within Saorstát Eireann, be construed respectively as references to the Supreme Court of Judicature in Saorstát Eireann, and to the Accountant General of the said Court.

2. In the third Schedule to the Assurance Companies Act, 1909—

(a) references to " British Government Securities " shall be construed as references to Government Securities of Saorstát Great Britain and Northern Ireland, and

(b) references to " municipal and county securities, United Kingdom " shall be construed as references to municipal and county securities in Saorstát Eireann, Great Britain, Eireann, and Northern Ireland.

DUBLIN.

This 2nd day of June, 1923.