S.I. No. 339/2016 - Business Names Regulations 2016.


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 5th July, 2016.

I, MARY MITCHELL O’CONNOR, Minister for Jobs, Enterprise and Innovation, in exercise of the powers conferred on me by section 17 of the Registration of Business Names Act 1963 (No. 30 of 1963) (as adapted by the Enterprise, Trade and Innovation (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 245/2011)), hereby make the following regulations:

1. These Regulations may be cited as the Business Names Regulations 2016.

2. These Regulations shall come into operation on 3rd July 2016

3. (1) In these Regulations “the Act” means the Registration of Business Names Act 1963 (No. 30 of 1963).

(2) In these Regulations a reference to a Schedule is to a Schedule to these Regulations.

4. Whenever any act is required by the Act to be done by the registrar, such act shall be done by the registrar or by an assistant registrar or by any other officer authorised in that behalf by the Minister for Jobs, Enterprise and Innovation.

5. The fees set out in column 2 or 3 of Schedule 1 shall be paid to the registrar in respect of the items set out in column 1 of the said Schedule.

6. The forms set out in Schedule 2, with such variations as the circumstances in each case require, shall be the forms to be used under the Act.

7. The following Regulations are revoked:

(a) Business Names Regulations 2002 ( S.I. No. 291 of 2002 );

(b) Business Names Regulations 2005 ( S.I. No. 366 of 2005 );

(c) Business Names (No. 2) Regulations 2005 ( S.I. No. 735 of 2005 );

SCHEDULE 1

FEES

ITEM

FEE

FEE

(paper filing)

(electronic filing)

Furnishing a statement of particulars under section 4 of the Act and the issue of one certificate of registration

€40

€20

Subject to the exception set out below, furnishing a statement of change in the particulars registered under section 7 of the Act and the issue, where necessary, of one certificate of registration of change in the business name

€15

Not Applicable (“N/A”)

Furnishing a statement of change of address of the principal place of business registered under section 7 of the Act, and the issue, where necessary, of one certificate of registration of change in the business name

€15

Nil

Inspecting, under section 16 of the Act, any documents kept by the registrar, whether in paper format or electronically

€3.50 in respect of each such inspection

€3.50 for each uncertified copy or extract

Subject to the exception set out below, a certificate of registration of any person or a certified copy of or extract any other document or any part of any other document

€12 for each certificate, certified copy or extract

N/A

A certificate of registration of any person which is intended for public sector use

€12

Nil

An uncertified copy of or extract from any document or any part of any document, whether furnished in paper format or electronically

€2.50 for each uncertified copy or extract

€2.50 for each uncertified copy or extract

SCHEDULE 2

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GIVEN under my Official Seal,

29 June 2016.

MARY MITCHELL O’CONNOR,

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 revoke all previous Regulations made on foot of the Registration of Business Names Act 1963 , and replace them with a consolidated version which reflects the current fees being charged, and forms being issued, by the registrar of companies in relation to the registration of business names. The forms used for registering a business name have been altered by these Regulations.