S.I. No. 209/1991 -- Companies Act, 1990 (Parts IV and VII) Regulations, 1991.
1991
209
|
|
S.I. No. 209/1991:
COMPANIES ACT, 1990 (PARTS IV AND VII) REGULATIONS, 1991.
|
|
|
COMPANIES ACT, 1990 (PARTS IV AND VII) REGULATIONS, 1991.
|
|
|
The Minister for Industry and Commerce, in exercise of the powers conferred on him by sections 3 , 103 , 150 , 153 and 167 of the Companies Act, 1990 (No. 33 of 1990), hereby makes the following Regulations:
|
|
|
1. (1) These Regulations may be cited as the Companies Act, 1990 (Parts IV and VII) Regulations, 1990.
|
|
|
(2) These Regulations shall come into operation on the 1st day of August, 1991.
|
|
|
2. In these Regulations, "the Act" means the Companies Act, 1990 (No. 33 of 1990).
|
|
|
3. (1) The Examiner and the Registrars of the High Court are hereby prescribed for the purposes of sections 103, 150 and 153 of the Act.
|
|
|
(2) The following officers are hereby prescribed for the purposes of section 167 of the Act, namely--
|
|
|
( a ) in the case of proceedings in the Supreme Court, the Registrar of the Supreme Court,
|
|
|
( b ) in the case of proceedings in the Court of Criminal Appeal, the Registrar of the Court of Criminal Appeal,
|
|
|
( c ) in the case of proceedings or an application in the High Court, the Examiner and Registrars of the High Court,
|
|
|
( d ) in the case of proceedings or an application in the Central Criminal Court, the Registrar of the Central Criminal Court,
|
|
|
( e ) in the case of proceedings in the Special Criminal Court, the Registrar of the Special Criminal Court,
|
|
|
( f ) in the case of proceedings in the Circuit Court, the County Registrar for the county in which the proceedings are heard,
|
|
|
( g ) in the case of proceedings in the District Court, in the Dublin Metropolitan District or in the District Court Area of Cork City, the Chief Clerk for the district or area concerned, as the case may be,
|
|
|
( h ) in the case of proceedings elsewhere in the District Court, the principal Clerk assigned to the District Court area in which the proceedings are heard.
|
|
|
4. (1) The particulars specified in a form set out in the Schedule to these Regulations in relation to section 150, 153 or 167 of the Act are hereby prescribed for the purposes of the relevant section.
|
|
|
(2) The period of 21 days is hereby prescribed for the purposes of section 167 of the Act.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
SCHEDULE
|
|
|
|
|
|
|
Particulars of a court declaration of a restriction under section 150, Companies Act, 1990 |
Companies Acts 1963 to 1990 |
NO FEE |
| H6 |
|
|
|
|
|
|
| Please complete using block capitals or typewriting |
TO REGISTRAR OF COMPANIES |
|
| I hereby notify you that the following person: |
|
|
Surname
__________________________________
|
Forename
________________________________
|
|
of note one |
|
| Note one Insert usual residential address |
|
|
|
|
Date of Birth |
|
is the subject of a court declaration pursuant to section 150 (1) of the Companies Act, 1990 |
| Note two Insert date |
made on note two |
|
The declaration arises from an action in respect of the following company |
|
Company name |
Company Number_______________________ |
|
|
|
|
Limited |
| Note three This form is to be completed by an officer of the court, prescribed for the purpose pursuant to section 150 (4). |
Signature note three |
Date |
|
|
| Name Block letters please |
OFFICIAL STAMP |
|
|
|
|
|
|
|
|
Particulars of partial relief granted by a court pursuant to section 152, Companies Act, 1990 |
Companies Acts 1963 to 1990 |
NO FEE |
| H7 |
| Please complete using black block capitals or typewriting |
TO REGISTRAR OF COMPANIES |
| I hereby notify you that |
| Note one Insert usual residential address |
on note one |
| the court granted partial relief under section 152 of the Companies Act, 1990 to the following person |
|
Surname
_____________________________________
|
Forename
_________________________
|
|
Note two
Insert usual residential address
|
of note two |
|
|
|
Date of Birth |
|
who is the subject of a declaration pursuant to section 150 of the Companies Act, 1990 |
|
Note three
Insert the date of the original declaration by the court
|
made on note three |
| The following are the details of the partial relief granted note four |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
The original declaration arose in respect of the following company |
|
Company name |
|
Company Number_______________________ |
|
____________________________________________________________________
Limited
|
|
|
|
|
|
|
|
Note five
This form is to be completed by an officer of the court, prescribed for the purpose pursuant to section 153 (2).
|
Signature note five Date |
|
OFFICIAL STAMP |
| Name Block letters please |
|
|
|
|
|
|
|
Particulars of a disqualification order pursuant to section 160 of the Companies Act, 1990 ; a conviction which has the effect of a person being deemed to be subject to a disqualification order under section 160, 161, or 164, or section 183 of the Companies Act,1963 (inserted by section 169 of the Companies Act, 1990 );or a conviction under section 161 (1) or 164 |
Companies Acts 1963 to 1990 |
| H8 |
| Please complete using black block capitals or typewriting |
TO REGISTRAR OF COMPANIES |
|
|
| I hereby notify you note one that the following person: |
|
|
|
Surname
______________________________
|
Forename
____________________________
|
|
Note one
Notification must be made within 21 days of the court decision
|
of note two
___________________________________________________________________
____________________________________________________________________
____________________________________________________________________
|
|
Note two
Insert usual residential address
|
Date of Birth
_______________________________________________________________
|
|
note three |
|
|
|
□ is the subject of a disqualification order
|
|
□ was convicted of an offence which has the effect of his being deemed to be subject to a disqualification order
|
| Note three Tick appropriate box |
□ was convicted of an offence under section 161 (1) of the Companies Act, 1990
|
|
□ was convicted of an offence under section 164 of the Companies Act, 1990
|
|
The period for which the disqualification, or deemed disqualification, is to apply is |
|
From |
|
To |
|
Date of court decision |
|
|
|
|
|
|
|
Note four
This form is to be completed by an officer of the court, prescribed for the purpose pursuant to section 167.
|
Signature note four Date |
|
OFFICIAL STAMP |
| Name Block letters please |
|
|
|
|
|
|
|
Particulars of relief granted or varied by a court pursuant to section 160 (8), Company Act , 1990 |
Companies Acts 1963 to 1990 |
| H9 |
| Please complete using black block capitals or typewriting |
TO REGISTRAR OF COMPANIES |
| I hereby notify you that |
|
Note one
Notification must be made within 21 days of the court decision
|
on note two |
| the court granted or varied relief under section 160 (8) of the Companies Act, 1990 in respect of the following person |
|
Surname
______________________
|
Forename
______________________________
|
|
Note two
Insert date on which the relief was granted or varied
|
of note three |
|
|
|
Note three
Insert usual residential address
|
Date of Birth |
|
|
who was the subject of a disqualification order |
|
Note four
Insert the date of the original disqualification
|
dated note four |
| The following are the details of the court decision note five |
|
Note five
Tick appropriate box
|
□ Full relief granted
|
|
□ Partial relief granted note six
|
|
Note six
Include in particular the date of expiration of the disqualification if varied by the court
|
□ Relief varied note six |
|
|
|
|
|
|
|
|
|
|
The original declaration arose in respect of the following company |
|
Company name |
Company number_________________ |
|
Note seven
This form is to be completed by an officer of the court, prescribed for the purpose pursuant to section 167
|
__________________________________________________________________
___________________________________________Limited________________
|
|
|
|
|
|
|
| Signature note seven Date |
|
OFFICIAL STAMP |
| Name Block letters please |
|
|
|
GIVEN under the Official Seal of the Minister for Industry and Commerce,
|
|
|
this 30th day of July, 1991.
|
|
|
SEAN DORGAN,
|
|
|
Secretary.
|
|
|
A person authorised by the Minister for Industry and Commerce
|
|
|
to authenticate the Official Seal of the Minister.
|
|
|
EXPLANATORY NOTE.
|
|
|
The purpose of these Regulations is to prescribe officers of the court, and the particulars, form and time within which information is to be furnished by them to the registrar of companies, for the purposes of certain sections of the Companies Act, 1990 .
|
|
|
|
