S.I. No. 439/2001 - Companies Act, 1990 (Section 34) Regulations, 2001

1. I am / __________ [name of firm] is an independent person who, at the time of this report, is the auditor of __________ [name of company] and is qualified to continue to be such auditor.

2. I/We have examined the statutory declaration made for the purposes of

section 34

of the

Companies Act, 1990

, on __________, 20__________, by __________, being the directors/a majority of the directors of __________ [name of company], a copy of which is appended to this report.

3. The directors aforesaid are responsible under the said section 34 for the making of the statutory declaration.

4. It is my/our responsibility, as an independent person, to form an opinion, based on my/our examination of the statutory declaration, accounting records of __________ [name of company] and explanations provided to me/us by directors and officers of the company, as to whether the statutory declaration is reasonable.

5. I/We also examined the evidence available to support the statutory declaration that I/we considered appropriate and I/we have ascertained from the directors the steps taken by them to ensure that the declaration complies with the said section 34 and that the statement contained in it pursuant to subsection (3)(f) of the said section 34 is reasonable.

6. In my/our opinion the statutory declaration is reasonable.

Signature/Signatures ________________

Date ________________

GIVEN under my Official Seal

25

th

September,

2001.

NOEL TREACY

Minister of State at the Department of Enterprise, Trade and Employment

EXPLANATORY NOTE

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

These Regulations set out the form of the report of the independent person which is required under

section 34

(4) of the

Companies Act, 1990

, as amended, to accompany a statutory declaration under

section 34

of the

Companies Act, 1990

, as amended.

*

delete as appropriate

*

delete as appropriate

I, Noel Treacy, Minister of State at the Department of Enterprise, Trade and Employment, in exercise of the powers conferred on my by

section 3

(3) of the

Companies Act, 1990

(No. 33 of 1990), as adapted by the Enterprise and Employment (Alteration of Name of Department and Title of Minister) Order, 1997 (

S.I. No. 305 of 1997

), and the Enterprise, Trade and Employment (Delegation of Ministerial Functions) Order, 1998 (

S.I. No. 265 of 1998

), make the following Regulations