S.I. No. 450/2011 - Companies (Forms) (No. 2) Order 2011.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 9th September, 2011.

I, RICHARD BRUTON, Minister for Jobs, Enterprise and Innovation, in exercise of the powers conferred on me by sections 195 (6) and 396 of the Companies Act 1963 (No. 33 of 1963), section 3 (1) of the Companies (Amendment) Act 1982 (No. 10 of 1982), sections 5 (5) and 59 of the Companies (Amendment) Act 1983 (No. 13 of 1983) and sections 3 , 42 (2) and 44 (2) of the Companies (Amendment) (No. 2) Act 1999 (No. 30 of 1999) (as adapted by the Enterprise, Trade and Innovation (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 245 of 2011 )), hereby order as follows:

1. (1) This Order may be cited as the Companies (Forms) (No. 2) Order 2011.

(2) This Order shall come into operation on 1 September 2011.

2. In this Order “Act of 1999” means the Companies (Amendment) (No. 2) Act 1999 (No. 30 of 1999).

3. (1) The form set out in Part 1 of the Schedule is prescribed for the purposes of subsection (6) of section 195 (inserted by section 51 of the Companies Act 1990 (No. 33 of 1990)) of the Companies Act 1963 (No. 33 of 1963).

(2) The form set out in Part 2 of the Schedule is prescribed for the purposes of—

(a) subsection (1) of section 3 of the Companies (Amendment) Act 1982 (No. 10 of 1982),

(b) subsection (5) of section 5 of the Companies (Amendment) Act 1983 (No. 13 of 1983), and

(c) subsection (2) of section 42 of the Act of 1999.

(3) The form set out in Part 3 of the Schedule is prescribed for the purposes of subsection (2) of section 44 of the Act of 1999.

4. The following are revoked:

(a) Articles 4 and 5 of, and Schedules 1 and 2 to, the Companies (Forms) (No. 2) Order 2004 ( S.I. No. 829 of 2004 );

(b) Article 10 of, and Schedule 7 to, the Companies (Forms) Order 2008 ( S.I. No. 350 of 2008 ).

SCHEDULE

PART 1

PART 2

PART 3

GIVEN under my Official Seal,

1 September 2011.

RICHARD BRUTON,

Minister for Jobs, Enterprise and Innovation.

EXPLANATORY NOTE

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

The purpose of this Order is to prescribe forms to be used for the purposes of certain provisions of the Companies Acts 1963 to 2009. The requirement that an Irish-registered company must have an Irish resident director was replaced by a requirement to have an European Economic Area resident director pursuant to the Companies (Amendment) Act 2009 .