S.I. No. 54/2002 - Companies (Forms) (No 2) Order 2002


I, Noel Treacy, Minister of State at the Department of Enterprise, Trade and Employment, in exercise of the powers conferred on me by sections 195 (as amended by section 91 of the Company Law Enforcement Act 2001 (No. 28 of 2001)) and 396 of the Companies Act 1963 (No. 33 of 1963) and section 3A (inserted by section 101 of the Company Law Enforcement Act 2001 ) of the Companies (Amendment) Act 1982 (No. 10 of 1982), as adapted by the Enterprise and Employment (Alteration of Name of Department and Title of Minister) Order 1997 ( S.I. No. 305 of 1997 ) and the Enterprise, Trade and Employment (Delegation of Ministerial Functions) Order 1998 (S.I. 265 of 1998), hereby order as follows:

1.         This Order may be cited as the Companies (Forms) (No.2) Order 2002.

2.         In this Order “Act of 2001” means the Company Law Enforcement Act 2001 (No. 28 of 2001).

3.         The Form B74 set out in the Schedule to this Order is hereby prescribed as the form to be used for the purposes of -

(a)        section 195 (as amended by section 91 of the Act of 2001) of the Companies Act 1963 (No. 33 of 1963), and

(b)        section 3A (inserted by section 101 of the Act of 2001) of the Companies (Amendment) Act 1982 (No. 10 of 1982).

SCHEDULE

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NOTES ON COMPLETION OF FORM B74

These notes should be read in conjunction with the relevant legislation.

General

This form must be completed in full and in accordance with the following notes. Where “not applicable”, “nil” or “none” is appropriate, please state. Where the space provided on Form B74 is considered inadequate, the information should be presented on a continuation sheet in the same format as the relevant section in the form. The use of a continuation sheet must be so indicated in the relevant section.

note one

Tick the relevant box.

note two

Not applicable where Form B74 is being submitted with Form A1 (company incorporation). Where B74 is being submitted with Form B10 (post-incorporation notice of appointment of director), the correct company number ought to be inserted here.

GIVEN under my hand

26th   February 2002.

___________________________

Noel Treacy, Minister of State at the

Department of Enterprise, Trade and

Employment.

EXPLANATORY NOTE

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

These Regulations set out the form of the additional statement that must be sent to the registrar by a person who has been disqualified under the law of another State from being appointed director or acting as a director or secretary of a company. The Statement specifies the jurisdiction in which the person is disqualified, the date he or she became disqualified and the period of time for which the person is disqualified.

This form is prescribed for the purposes of section 195 of the Companies Act 1963 (No 33 of 1963) (as amended by section 91 of the Company Law Enforcement Act 2001 (No. 28 of 2001)) and section 3A of the Companies (Amendment) Act 1982 ( No 10 of 1982 ) (as inserted by section 101 of the Company Law Enforcement Act 2001 (No. 28 of 2001)).