S.I. No. 428/2010 - Companies (Forms) (No. 3) Regulations 2010.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 10th September, 2010.

I, BILLY KELLEHER, Minister of State at the Department of Enterprise, Trade and Innovation, in exercise of the powers conferred on me by sections 3(3), 256F (inserted by paragraph (j) of section 3 of the Companies (Miscellaneous Provisions) Act 2009 (No. 45 of 2009)) and 256G (inserted by the said paragraph (j)) of the Companies Act 1990 (No. 33 of 1990) (as adapted by the Enterprise, Trade and Employment (Alteration of Name of Department and Title of Minister) Order 2010 ( S.I. No. 185 of 2010 )) and the Enterprise, Trade and Innovation (Delegation of Ministerial Functions) (No. 3) Order 2010 ( S.I. No. 334 of 2010 ), hereby make the following regulations:

1. These Regulations may be cited as the Companies (Forms) (No. 3) Regulations 2010.

2. In these Regulations—

“Act of 1990” means the Companies Act 1990 (No. 33 of 1990);

“Act of 2009” means the Companies (Miscellaneous Provisions) Act 2009 (No. 45 of 2009).

3. (1) The form set out in Part 1 of the Schedule is prescribed for the purposes of paragraph (a) of subsection (3) of section 256F (inserted by paragraph (j) of section 3 of the Act of 2009) of the Act of 1990.

(2) The form set out in Part 2 of the Schedule is prescribed for the purposes of subsection (4) of section 256F (inserted by paragraph (j) of section 3 of the Act of 2009) of the Act of 1990.

(3) The form set out in Part 3 of the Schedule is prescribed for the purposes of subsection (11) of section 256F (inserted by paragraph (j) of section 3 of the Act of 2009) of the Act of 1990.

(4) The form set out in Part 4 of the Schedule is prescribed for the purposes of paragraph (a) of subsection (3) of section 256G (inserted by paragraph (j) of section 3 of the Act of 2009) of the Act of 1990.

(5) The form set out in Part 5 of the Schedule is prescribed for the purposes of subsection (4) of section 256G (inserted by paragraph (j) of section 3 of the Act of 2009) of the Act of 1990.

GIVEN under my hand,

7 September 2010.

BILLY KELLEHER,

Minister of State at the Department of Enterprise, Trade and Innovation.

EXPLANATORY NOTE

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

These Regulations prescribe Companies Registration Office forms to be used by applicants under sections 256F —H of the Companies Act 1990 . These sections were inserted into the Companies Act 1990 Act by section 3(j) of the Companies (Miscellaneous Provisions) Act 2009 .

Applicants under these sections would be seeking to migrate the registered office of a certain type of collective investment fund entity to or from Ireland from or to a prescribed jurisdiction without firstly having to wind up the entity in its original jurisdiction.