S.I. No. 429/2010 - Companies (Forms) Order 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 subsection (3) of section 396 of the Companies Act 1963 (No. 33 of 1963) (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 order as follows:

1. This Order may be cited as the Companies (Forms) Order 2010.

2. A notice to which subsection (11) of section 256G (inserted by paragraph (j) of section 3 of the Companies (Miscellaneous Provisions) Act 2009 (No. 45 of 2009)) of the Companies Act 1990 (No. 33 of 1990) applies shall be in the form set out in the Schedule.

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).

This Order prescribes a Companies Registration Office form that is to used by applicants under section 256G of the Companies Act 1990 . This section was inserted into the Companies Act 1990 Act by section 3 (j) of the Companies (Miscellaneous Provisions) Act 2009 .

Applicants under this section would be seeking to migrate the registered office of a certain type of collective investment fund company from Ireland to a prescribed jurisdiction without firstly having to wind up the Irish investment company.

The form being prescribed by this Order is to be used to notify the Companies Registration Office of the company’s registration in the other jurisdiction.