S.I. No. 64/2000 - Companies (Amendment) (No. 2) Act, 1999 (Bonding) Order, 2000

1. The holder of a licence under

section 9

of the

Central Bank Act, 1971

(No. 24 of 1971), or a person who is exempt from the requirement under that Act to hold such a licence.

2. A building society within the meaning of the

Building Societies Act, 1989

(No. 17 of 1989), which is entitled under the provisions of that Act to enter into such a bond.

3. An insurance company.

4. A credit institution holding an authorisation under Council Directive No. 77/780/EEC of 12 December 1977

1

as amended by Council Directive No. 89/646/EEC of 15 December 1989

2

, as amended and extended from time to time, but not including an institution to which Council Directive No. 77/780/EEC does not apply by virtue of Article 2(2) of that Directive.

GIVEN under my Official Seal,

this 8th. day of March, 2000.

Mary Harney

Minister for Enterprise, Trade and Employment

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 the form of bond for the purposes of

section 43

of the

Companies (Amendment) (No. 2) Act, 1999

.

NOTE ONE

Surety must be a member of a class specified in Schedule 2 to the Companies (Amendment)(No. 2) Act, 1999 (Bonding) Order 2000.

NOTE TWO

Period must not be less than 2 years for the bond and may not commence earlier than the occurrence of the appropriate event which gave rise to the requirement for the bond.

NOTE THREE

The Bond must be executed under the seal of the Surety.

1

O J No. L322, 17. 12. 1977, p. 30

2

O J No. L386, 30. 12. 1989, p.1

5. This bond shall have effect for the period of _____ ______ commencing on the _____ day of _______20___ and expiring on the ________ day of ______ 20____ (in this bond referred to as the period of validity).

NOTE TWO

6. It is hereby acknowledged and agreed by the Surety that in the event of this bond not being renewed immediately on its expiry, the Surety shall as soon as practicable thereafter, but in any event within 7 days, notify the registrar of companies to that effect in writing.

7. The Surety hereby acknowledges and confirms it will as soon as practicable after entering into this bond furnish a certified copy to the registrar of companies.

Dated this ______ day of _______ 20 _____.

Present when the Common Seal

NOTE THREE

of the Surety was affixed hereto

SCHEDULE 2

Classes of persons authorised to enter into a bond pursuant to

section 43

of the

Companies (Amendment) (No. 2) Act, 1999

I, Mary Harney, Minister for Enterprise, Trade and Employment, in exercise of the powers conferred on me by

sections 3

and

43

of the

Companies (Amendment) (No. 2) Act, 1999

(No. 30 of 1999), hereby order as follows