S.I. No. 207/2002 - District Court (Company Law Enforcement) Rules, 2002

The District Court Rules Committee, in exercise of the powers conferred on them by section 91 of the Courts of Justice Act, 1924 , section 72 of the Courts of Justice Act, 1936 , section 17 of the Interpretation Act, 1937 [as applied by section 48 of the Courts (Supplemental Provisions) Act, 1961 ] and section 34 of the Courts (Supplemental Provisions) Act, 1961 , and by section 21 (1) of the Economic and Monetary Union Act, 1998 , do hereby, with the concurrence of the Minister for Justice, Equality and Law Reform, make the following rules of court:-

1.       These rules may be cited as the District Court (Company Law Enforcement) Rules 2002.

2.       These rules shall come into operation on the 13th day of June, 2002 and shall be read together with all other District Court rules for the time being in force.

3.       Order 34, rule 7 of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ) is hereby amended:

(i)        by the substitution for paragraph (2) of rule 7 of the following:

“Such application shall be by the information on oath and in writing in the form 34.15, Schedule B, laid by an officer of the Director of Corporate Enforcement designated for the purposes of section 20 by the said Director or laid under the authority of the said Director.”;

(ii)        by the substitution in paragraph (3) of rule 7 of the words “to a designated officer of the said Director” for the words “to a member of the Garda Siochana”

4.       The Forms numbered 34.15 and 34.16 in Schedule 1 hereof shall be substituted for the Forms numbered 34.15 and 34.16 in Schedule B of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ).

Schedule 1

34.15

COMPANIES ACT, 1990

Section 20(1) (as substituted by section 30 of the Company Law Enforcement Act, 2001 )

INFORMATION FOR SEARCH WARRANT

District Court Area of

District No.

THE INFORMATION of ............................................................ ....

of............................................................ ..........................................

Who says on oath-

I am a designated officer designated by the Director of Corporate Enforcement for the purposes of the above-named Act of 1990 under section 20 thereof and duly authorised by the said Director to lay this information.

I believe that there are reasonable grounds for suspecting that there are on the premises at............................................................ ............................................................ ..........., in the court (area and) district aforesaid, material information within the meaning of the said section 20 namely

(^*books ^* documents of which production has been required under section ^*14 ^*15 ^*19 of the above-mentioned Act on the    day of             20   and which have not been produced in compliance with that requirement)

(^*books ^*documents ^*other things which I have reasonable grounds for believing may provide evidence of or relating to the commission of an offence under the Companies Acts).

The basis for my so believing is as follows:-

And I hereby apply for the issue of a warrant under section 20(1) of the said Act in respect of those premises.

Signed.....................................................

Informant

SWORN before me this          day of                      20

Signed.....................................................

Judge of the District Court

Schedule 1

No. 34.16

COMPANIES ACT, 1990

Section 20(1) (as substituted by section 30 of the Company Law Enforcement Act, 2001 )

SEARCH WARRANT

WHEREAS from the information on oath and in writing under section 20(1) of the above-mentioned Act of 1990 sworn before me on this day, by ............................................................ ...................

Of............................................................ ............................................................ ........................

a designated officer designated by the Director of Corporate Enforcement for the purposes of the above-named Act of 1990 under section 20 thereof and duly authorised by the said Director, I AM SATISFIED THAT there are reasonable grounds for suspecting that there are on the premises at ............................................................ ............................................................ .......................,

in the court (area and) district aforesaid, material information within the meaning of the said section 20, namely

(^*books ^* documents of which production has been required under section ^*14 ^*15 ^*19 of the above-mentioned Act on the    day of              20   and which have not been produced in compliance with that requirement)

(^*books ^*documents ^*other things which (s)he has reasonable grounds for believing may provide evidence of or relating to the commission of an offence under the Companies Acts).

THIS IS TO AUTHORISE ..........................................................,

Of

A designated officer, so designated by the Director of Corporate Enforcement for the purposes of section 20 of the above-mentioned Act of 1990, accompanied by such other persons as (s)he thinks necessary, at any time or times, within one month from the date hereof, on production if so requested of this warrant, TO ENTER, if necessary by reasonable force and SEARCH the above-mentioned premises in the said court (area and) district (including, without limitation, to operate or cause to be operated any computer), TO REQUIRE any person found on the premises to give his name, home address and occupation and to produce to him/her any material information (including, without limitation information necessary to facilitate access to information held on any computer) in his/her possession, TO SEIZE and retain any material information found on the premises or in the custody or possession of any person found on the premises and TO TAKE ANY OTHER STEPS which appear to him/her to be necessary for preserving or preventing interference with material information.

Dated this            day of                 20

Signed ................................................

Judge of the District Court

To:...............................................

Designated Officer of the Director of Corporate Enforcement

at