S.I. No. 543/2015 - Companies Act 2014 (Section 150) (No. 2) Regulations 2015.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 4th December, 2015.

I, RICHARD BRUTON, Minister for Jobs, Enterprise and Innovation, in exercise of the powers conferred on me by sections 12 (1) and 150 (11) of the Companies Act 2014 (No. 38 of 2014), hereby make the following regulations:

1. These Regulations may be cited as the Companies Act 2014 (Section 150) (No. 2) Regulations 2015.

2. In these Regulations—

“Act of 2014” means the Companies Act 2014 (No. 38 of 2014);

3. An application to request the exemption of the usual residential address of an officer of a company from appearing on the register shall comply with the following:

(i) The request for an exemption is sent to the Registrar in an envelope marked "For the Attention of the Registrar" and is accompanied by the form, if any, specified for such purpose by the Registrar;

(ii) The application requesting an exemption in accordance with section 150(11) is accompanied by a supporting statement from an officer of An Garda Síochána not below the rank of a Chief Superintendent;

(iii) The statement contains a request that the usual residential address of a person who is an officer of the company shall not appear on the register kept by the Registrar for reasons of personal safety or security.

4. Where the Registrar is fully satisfied that the officer of the company has fully completed the procedure set out in Regulation 3, he or she shall notify the officer of the company concerned that an exemption has been granted.

5. Where an exemption has been granted pursuant to Regulation 4, the officer of the company shall be required to enter, where a request for a usual residential address of an officer of the company is required, the address of the registered office of the company on any document, within the meaning of section 896 of the Act of 2014, sent to the Registrar instead of his or her usual residential address.

6. A separate application requesting an exemption shall be sent to the Registrar in respect of each company that the officer of a company wishes to apply for an exemption pursuant to these Regulations.

7. The inclusion of the usual residential address by an officer of a company on any form required by the Registrar, regardless of circumstance, will automatically cancel an exemption granted pursuant to Regulation 4.

8. These Regulations apply only to the usual residential address that, but for these Regulations’ operation, would fall to be entered on a register kept by the Registrar on or after the date of these Regulations.

9. The exemption granted under Regulation 4 is applicable only to a particular person in his or her capacity as an officer of the company.

10. Where an officer of a company has been granted an exemption under Regulation 4, and has notified the company of the exemption, the company shall remove the usual residential address of the officer from the register referred to in section 149(1) of the Act of 2014 and substitute the address with that of the registered office of the company.

11. Where an officer of a company has been granted an exemption under Regulation 4, and has notified the company of the exemption, the company shall remove the usual residential address of the member from the register referred to in section 169(1)(a) of the Act of 2014, if applicable to the officer of the company, and substitute the address with that of the registered office of the company.

12. The Companies Act 2014 (Section 150) Regulations 2015 (S.I. 225 of 2015) are revoked.

GIVEN under my Official Seal

25 November 2015.

RICHARD BRUTON,

Minister for Jobs, Enterprise and Innovation.

EXPLANATORY NOTE

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

The purpose of these regulations is to provide for procedures which dispense with the requirement that the usual residential address of an officer of a company appear on the register kept by the Registrar, the company’s register of directors and secretaries and the company’s register of members in circumstances where an officer of a company has obtained supporting statement from an officer of An Garda Siochana not below the rank of Chief Superintendent that the company officer’s personal safety or security warrant the granting of an exemption. The usual residential address is to be replaced with the registered address of the company.