S.I. No. 571/2001 - Companies Act, 1963 (Section 24) Regulations, 2001

1. These Regulations may be cited as the Companies Act, 1963 (Section 24) Regulations, 2001.

2. The form set out in the Schedule to these Regulations is prescribed as the form to be used for the purposes of

section 24

of the

Companies Act, 1963

(No 33 of 1963) (inserted by

section 88

of the

Company Law Enforcement Act, 2001

(No. 28 of 2001)).

Schedule

Statutory Declaration of Compliance with the requirements of

section 24

(1)(a) and

section 24

(1)(b) of the

Companies Act, 1963

(as inserted by section 88,

Company Law Enforcement Act, 2001

)

I

(name in block capitals)

of

(residential address)

being a

Director

Proposed first director

(indicate position within company)

Secretary

Proposed first secretary

of

(name of company)

Indicate status of

Registered name

company name

Proposed name

Aged 18 years and upwards do solemnly and sincerely declare that

(a) the objects of the company/proposed company*

comply/will comply*

with

section 24

(1)(a) of the

Companies Act, 1963

in that the objects are the promotion of commerce, art, science, education, religion or charity,

and

(b) the following requirements, set out in

section 24

(1)(b) of the

Companies Act, 1963

, are/will be*

included in the company's memorandum or articles of association

(i) The profits of the company (if any) or other income are required to be applied to the promotion of its objects;

(ii) Payment of dividends to its members is prohibited;

(iii) All the assets which would otherwise be available to its members are required to be transferred on its winding up to another company whose objects are the promotion of commerce, art, science, education, religion or charity and which company meets the requirements set out in

section 24

(1)(b) for the

Companies Act, 1963

.

And I make this solemn declaration conscientiously believing the same to be true and by virtue of the

Statutory Declarations Act, 1938

.

Declared before me by

__________________________________

Signature of Declarant

______________________________________

NAME OF DECLARANT IN BLOCK CAPITALS

This __________ day of ______________ 20______

Who is personally known to me or who is identified to me by

_____________________________________________________

NAME OF PERSON IDENTIFYING DECLARANT IN BLOCK CAPITALS

Who is personally known to me at

_____________________________________________________

ADDRESS OF PERSON BEFORE WHOM DECLARATION IS MADE

__________________________________

in the presence of (signature)

_____________________________________________________

NAME OF PERSON BEFORE WHOM DECLARATION IS MADE IN BLOCK CAPITALS

Commissioner for oaths

Practising Solicitor

Notary Public

Peace Commissioner

Given under my hand,

this 13

th

day of December, 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 Statutory Declaration of Compliance which is required to be made where a company or proposed company wishes to be exempt from the provisions of the Companies Acts relating to the use of the word ‘limited’ or ‘teoranta’ as part of its name.

* Delete as appropriate

* 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 me 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

), hereby make the following regulations