S.I. No. 209/1991 - Companies Act, 1990 (Parts IV and VII) Regulations, 1991.


S.I. No. 209 of 1991.

COMPANIES ACT, 1990 (PARTS IV AND VII) REGULATIONS, 1991.

The Minister for Industry and Commerce, in exercise of the powers conferred on him by sections 3 , 103 , 150 , 153 and 167 of the Companies Act, 1990 (No. 33 of 1990), hereby makes the following Regulations:

1. (1) These Regulations may be cited as the Companies Act, 1990 (Parts IV and VII) Regulations, 1990.

(2) These Regulations shall come into operation on the 1st day of August, 1991.

2. In these Regulations, "the Act" means the Companies Act, 1990 (No. 33 of 1990).

3. (1) The Examiner and the Registrars of the High Court are hereby prescribed for the purposes of sections 103, 150 and 153 of the Act.

(2) The following officers are hereby prescribed for the purposes of section 167 of the Act, namely—

( a ) in the case of proceedings in the Supreme Court, the Registrar of the Supreme Court,

( b ) in the case of proceedings in the Court of Criminal Appeal, the Registrar of the Court of Criminal Appeal,

( c ) in the case of proceedings or an application in the High Court, the Examiner and Registrars of the High Court,

( d ) in the case of proceedings or an application in the Central Criminal Court, the Registrar of the Central Criminal Court,

( e ) in the case of proceedings in the Special Criminal Court, the Registrar of the Special Criminal Court,

( f ) in the case of proceedings in the Circuit Court, the County Registrar for the county in which the proceedings are heard,

( g ) in the case of proceedings in the District Court, in the Dublin Metropolitan District or in the District Court Area of Cork City, the Chief Clerk for the district or area concerned, as the case may be,

( h ) in the case of proceedings elsewhere in the District Court, the principal Clerk assigned to the District Court area in which the proceedings are heard.

4. (1) The particulars specified in a form set out in the Schedule to these Regulations in relation to section 150, 153 or 167 of the Act are hereby prescribed for the purposes of the relevant section.

(2) The period of 21 days is hereby prescribed for the purposes of section 167 of the Act.

SCHEDULE

Particulars of a court declaration of a restriction under section 150, Companies Act, 1990

Companies Acts 1963 to 1990

NO FEE

H6

Please complete using block capitals or typewriting

TO REGISTRAR OF COMPANIES

I hereby notify you that the following person:

Surname

__________________________________

Forename

________________________________

of note one

Note one Insert usual residential address

Date of Birth

is the subject of a court declaration pursuant to section 150 (1) of the Companies Act, 1990

Note two Insert date

made on note two

The declaration arises from an action in respect of the following company

Company name

Company Number_______________________

Limited

Note three This form is to be completed by an officer of the court, prescribed for the purpose pursuant to section 150 (4).

Signature note three

Date

Name Block letters please

OFFICIAL STAMP

Particulars of partial relief granted by a court pursuant to section 152, Companies Act, 1990

Companies Acts 1963 to 1990

NO FEE

H7

Please complete using black block capitals or typewriting

TO REGISTRAR OF COMPANIES

I hereby notify you that

Note one Insert usual residential address

on note one

the court granted partial relief under section 152 of the Companies Act, 1990 to the following person

Surname

_____________________________________

Forename

_________________________

Note two

Insert usual residential address

of note two

Date of Birth

who is the subject of a declaration pursuant to section 150 of the Companies Act, 1990

Note three

Insert the date of the original declaration by the court

made on note three

The following are the details of the partial relief granted note four

The original declaration arose in respect of the following company

Company name

Company Number_______________________

____________________________________________________________________

                   Limited         

Note five

This form is to be completed by an officer of the court, prescribed for the purpose pursuantto section 153 (2).

Signature note five     Date

OFFICIAL STAMP

Name Block letters please

Particulars of a disqualification order pursuant to section 160 of the Companies Act, 1990 ; a conviction which has the effect of a person being deemed to be subject to a disqualification order under section 160, 161, or 164, or section 183 of the Companies Act,1963 (inserted by section 169 of the Companies Act, 1990 );or a conviction under section 161 (1) or 164

Companies Acts 1963 to 1990

H8

Please complete using black block capitals or typewriting

TO REGISTRAR OF COMPANIES

I hereby notify you note one that the following person:

Surname

______________________________

Forename

____________________________

Note one

Notification must be made within 21 days of the court decision

of note two

___________________________________________________________________

____________________________________________________________________

____________________________________________________________________

Note two

Insert usual residential address

Date of Birth

_______________________________________________________________

 note three

□ is the subject of a disqualification order

□ was convicted of an offence which has the effect of his being deemed to be subject to a disqualification order

Note three Tick appropriate box

□ was convicted of an offence under section 161 (1) of the Companies Act, 1990

□ was convicted of an offence under section 164 of the Companies Act, 1990

The period for which the disqualification, or deemed disqualification, is to apply is

From

To

Date of court decision

Note four

This form is to be completed by an officer of the court, prescribed for the purpose pursuant to section 167.

Signature note four     Date

OFFICIAL STAMP

Name Block letters please

Particulars of relief granted or varied by a court pursuant to section 160 (8), Company Act , 1990

Companies Acts 1963 to 1990

H9

Please complete using black block capitals or typewriting

TO REGISTRAR OF COMPANIES

I hereby notify you that

Note one

Notification must be made within 21 days of the court decision

on note two

the court granted or varied relief under section 160 (8) of the Companies Act, 1990 in respect of the following person

Surname

______________________

Forename

______________________________

Note two

Insert date on which the relief was granted or varied

of note three

Note three

Insert usual residential address

Date of Birth

who was the subject of a disqualification order

Note four

Insert the date of the original disqualification

dated note four

The following are the details of the court decision note five

Note five

Tick appropriate box

□ Full relief granted

□ Partial relief granted note six

Note six

Include in particular the date of expiration of the disqualification if varied by the court

□ Relief varied note six

The original declaration arose in respect of the following company

Company name

Company number_________________

Note seven

This form is to be completed by an officer of the court, prescribed for the purpose pursuant to section 167

__________________________________________________________________

___________________________________________Limited________________

Signature note seven   Date

OFFICIAL STAMP

Name Block letters please

GIVEN under the Official Seal of the Minister for Industry and Commerce,

this 30th day of July, 1991.

SEAN DORGAN,

Secretary.

A person authorised by the Minister for Industry and Commerce

to authenticate the Official Seal of the Minister.

EXPLANATORY NOTE.

The purpose of these Regulations is to prescribe officers of the court, and the particulars, form and time within which information is to be furnished by them to the registrar of companies, for the purposes of certain sections of the Companies Act, 1990 .